United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.H., Appellant

and

DEPARTMENT OF LABOR, OFFICE OF 

WORKERS’ COMPENSATION PROGRAMS, 

Dallas, TX, Employer

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Docket No. 19-1855

Issued: March 10, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On September 6, 2019 appellant filed a timely appeal from a July 30, 2019 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal Employees’

Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over 

the merits of this case.2

 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that, following the July 30, 2019 decision, OWCP received additional evidence. However, the 

Boards Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that 

was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board 

for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional 

evidence for the first time on appeal. Id.
2

ISSUE

The issue is whether OWCP has met its burden of proof to terminate appellant’s wage-loss 

compensation, effective July 30, 2019, as she no longer had disability causally related to the 

accepted December 2, 1999 employment injury.

FACTUAL HISTORY

This case has previously been before the Board.3 The facts and circumstances as set forth 

in the Board’s prior decisions are incorporated herein by reference. The facts relevant to this 

appeal are as follows.

On September 14, 2000 appellant, then a 40-year-old claims examiner, filed an 

occupational disease claim (Form CA-2) alleging that she sustained bilateral carpal tunnel 

syndrome due to factors of her federal employment, including repetitive work duties. OWCP 

assigned the claim OWCP File No. xxxxxx040 and accepted it for bilateral carpal tunnel syndrome 

and paid wage-loss compensation benefits. Appellant stopped work on March 6, 2001. On 

April 24, 2001 she was released to return to work four hours per day with restrictions, and on 

May 7, 2001 she was released to work eight hours per day with restrictions. 

On March 14, 2002 appellant filed an occupational disease claim for depression due to 

being forced to work outside of her medical restrictions and being unable to meet her performance 

standards. At the time she filed her claim, she was performing a modified position as a result of 

previous work-related injuries under OWCP File No. xxxxxx040. OWCP developed that claim 

under OWCP File No. xxxxxx176. On May 10, 2005 OWCP accepted that claim for depressive 

disorder. It administratively combined OWCP File Nos. xxxxxx040 and xxxxxx176. 

On August 24, 2004 appellant filed a claim for an occupational disease (Form CA-2) 

alleging that she developed bilateral cubital tunnel syndrome, neck, bilateral shoulder, and low 

back pain as a result of performing repetitive duties. OWCP assigned that claim OWCP File No. 

xxxxxx374 and later combined it with OWCP File Nos. xxxxxx040 and xxxxxx176.

Appellant came under the treatment of Dr. Olayinka Ogunro, a Board-certified orthopedist, 

beginning in 2007. On December 8, 2015 Dr. Ogunro continued to treat her for bilateral hand 

numbness and paresthesia. He diagnosed bilateral carpal tunnel syndrome. Dr. Ogunro noted that 

appellant had not worked since September 5, 2001 and was capable of working with restrictions 

of typing no more than four hours a day. He further noted that she could use a “voice activated 

machine to accommodate restrictions in an eight-hour workday.”

Appellant continued to receive medical treatment from Dr. Ogunro. In a report dated 

December 29, 2016, Dr. Ogunro noted that she still complained of numbness in her hands, but she 

did not wish to undergo surgical treatment. He reviewed appellant history and provided 

 

3 Docket No. 17-0990 (issued June 12, 2018); Docket No. 08-1043 (issued April 8, 2009); Docket No. 06-1309 & 

06-1153 (issued June 14, 2007); Docket No. 05-1722 (issued July 11, 2006); Docket No. 05-1623 (issued April 3, 

2006); Docket No. 04-1197 (issued April 13, 2005); Docket No. 03-1592 (issued August 13, 2004); Docket No. 

03-1447 (issued December 4, 2003); Docket No. 02-0127 (issued August 2, 2002). 
3

examination findings similar to his previous reports. Dr. Ogunro diagnosed bilateral carpal tunnel 

syndrome. He noted that “this patient stated that [appellant] can do her work, but with a voice 

activated system since this will not bother her wrist.” Dr. Ogunro recommended follow-up in one 

year.

By letter dated February 7, 2017, OWCP proposed to reduce appellant’s compensation, 

based on her capacity to earn wages as a customer complaint clerk, Dictionary of Occupational 

Titles 241.367.014. 

By decision dated March 13, 2017, OWCP reduced appellant’s wage-loss compensation, 

effective March 14, 2017, finding that appellant had 52 percent wage-earning capacity based on 

her capacity to earn wages as a customer complaint clerk.

On April 5, 2017 appellant appealed to the Board. 

By decision dated June 12, 2018, the Board affirmed OWCP’s March 13, 2017 decision.

The Board found that OWCP met its burden of proof to reduce appellant’s compensation benefits 

based on her capacity to earn wages in the selected position of customer complaint clerk.4

On January 7, 2019 OWCP requested that appellant respond to a series of questions from 

her physician providing objective clinical findings, test results, and medical rationale. It afforded 

her 30 days to submit the necessary evidence.

In a report dated January 17, 2019, Dr. Ogunro noted that appellant presented for a followup evaluation for bilateral carpal tunnel syndrome. He reported last seeing her in 2017 at which 

time she was released to work with restrictions involving data entry for four hours a day and other 

activities for the remaining four hours a day with the use of a voice activated system. Dr. Ogunro 

related that appellant’s symptoms were limited to occasional numbness and tingling in both hands. 

Findings on physical examination on the bilateral hands revealed negative Tinel’s sign, diminished 

sensation over the median distribution, and negative Phalen’s test. Dr. Ogunro advised that 

appellant could return to regular-duty work without restrictions. 

On January 24, 2019 appellant reported that on January 17, 2019 Dr. Ogunro’s released 

her to work without restrictions because her accepted conditions resolved. She related that due to 

the change in her condition she would like to return to her date-of-injury position as an OWCP 

claims examiner in the Dallas district office.

On January 30, 2019 Dr. Ogunro reported last seeing appellant on September 21, 2017 for 

pain and numbness in the right hand due to bilateral carpal tunnel syndrome. Appellant related 

that her finger tips were most severely affected, but otherwise she had full use of her right hand 

and left hand with only occasional numbness and tingling. Dr. Ogunro diagnosed bilateral carpal 

tunnel syndrome and opined that it was causally related to her work due to continuous data entry 

throughout the working period and over several years. He found that the work-related symptoms 

of carpal tunnel syndrome almost completely resolved and the reason for not achieving total 

 

4 Supra note 3.
4

resolution was because appellant was treated nonsurgically. Dr. Ogunro again advised that at this 

time she could return to work without restrictions and periodic use of the splints.

In a March 1, 2019 letter, OWCP, relying on Dr. Ogunro’s January 17, 2019 report, 

notified appellant that it proposed to terminate her wage-loss compensation as her accepted 

condition had ceased without residuals. It afforded her 30 days to submit additional evidence or 

argument.

In a letter dated March 5, 2019, appellant responded to the proposed notice to terminate 

her wage-loss compensation benefits and asserted that OWCP only referenced Dr. Ogunro’s 

January 17, 2019 report and did not mention his January 30, 2019 report. She asserted that the 

January 30, 2019 report was significant because it noted the diagnosed condition of bilateral carpal 

tunnel syndrome and addressed causal relationship noting that her symptoms have “almost”

completely resolved except for occasional numbness and tingling. The report further relayed that 

appellant did not achieve complete resolution because she was treated nonsurgically. She

indicated that the employing establishment made a job offer on November 7, 2017 and she inquired 

as to whether the position was still available. 

By decision dated July 30, 2019, OWCP terminated appellant’s wage-loss compensation, 

effective the same date. It found that the weight of the evidence was represented by her treating 

physician Dr. Ogunro.

LEGAL PRECEDENT

According to FECA,5 once OWCP accepts a claim and pays compensation, it has the 

burden of proof to justify termination or modification of an employee’s benefits.6 OWCP may not 

terminate compensation without establishing that the disability had ceased or that it was no longer 

related to the employment.7 Its burden of proof includes the necessity of furnishing rationalized 

medical opinion evidence based on a proper factual and medical background.8 The right to medical 

benefits for an accepted condition is not limited to the period of entitlement for disability 

compensation.9 To terminate authorization for medical treatment, OWCP must establish that 

appellant no longer has residuals of an employment-related condition, which require further 

medical treatment.10

 

5 Supra note 1.

6 S.F., 59 ECAB 642 (2008); Kelly Y. Simpson, 57 ECAB 197 (2005); Paul L. Stewart, 54 ECAB 824 (2003).

7 A.G., Docket No. 18-0749 (issued November 7, 2018); see I.J., 59 ECAB 408 (2008); Elsie L. Price, 54 ECAB 

734 (2003).

8 R.R., Docket No. 19-0173 (issued May 2, 2019); Del K. Rykert, 40 ECAB 284 (1988).

9 L.W., Docket No. 18-1372 (issued February 27, 2019); Kathryn E. Demarsh, 56 ECAB 677 (2005).

10 R.P., Docket No. 17-1133 (issued January 18, 2018); A.P., Docket No. 08-1822 (issued August 5, 2009).
5

ANALYSIS

The Board finds that OWCP met its burden of proof to terminate appellant’s wage-loss 

compensation benefits, effective July 30, 2019, as she no longer had disability causally related to 

the accepted December 2, 1999 employment injury.

In his comprehensive reports dated January 17 and 30, 2019, Dr. Ogunro, appellant’s 

treating physician, noted his review of the medical record and treatment of her work-related 

conditions. He described her work duties including continuous data entry over several years which 

caused her bilateral carpal tunnel syndrome. Appellant’s physical examination findings included 

negative Tinel’s sign, diminished sensation over the median distribution, and negative Phalen’s 

test. Dr. Ogunro noted that her symptoms were only occasional numbness and tingling in both 

hands otherwise she had full use of her right hand and left hand. He opined that appellant had no 

ongoing residuals or disability as a result of the accepted bilateral carpal tunnel syndrome as the 

accepted conditions had resolved and she was clinically stable. Dr. Ogunro further opined that she

had no physical limitations due to the accepted bilateral carpal tunnel syndrome and that she could 

work in a full-time, full-duty capacity. He concluded that the work-related symptoms of carpal 

tunnel syndrome almost completely resolved and the reason for not achieving total resolution was 

because appellant was treated nonsurgically. Dr. Ogunro found that she could return to work 

without restrictions and periodic use of the splints. 

The Board finds that OWCP properly accorded the weight of medical opinion to

Dr. Ogunro, appellant’s treating physician, who reported that appellant no longer had residuals or 

disability as a result of the accepted bilateral carpal tunnel syndrome. Dr. Ogunro based his 

opinion on a proper factual and medical history and physical examination findings and provided 

medical rationale for his opinion that she did not have residuals or work limitations as a result of 

the employment injury. Accordingly, OWCP properly relied on his report in terminating 

appellant’s wage-loss compensation benefits.11

As the evidence of record establishes that appellant no longer has disability due to her 

accepted employment conditions, the Board finds that OWCP properly terminated her wage-loss 

compensation benefits, effective July 30, 2019.

On appeal appellant asserts that OWCP’s termination decision was premature because it 

did not determine if the job offer was still available, there was a discrepancy as to how the medical 

evidence was applied, and a question as to whether the loss of wage-earning capacity decision 

should be recalculated. The Board finds her arguments without merit. 

CONCLUSION

The Board finds that OWCP has met its burden of proof to terminate appellant’s wage-loss 

compensation benefits, effective July 30, 2019, as she no longer had disability causally related to 

her accepted employment injury.

 

11 R.B., Docket No. 19-0204 (issued September 6, 2019).
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ORDER

IT IS HEREBY ORDERED THAT the July 30, 2019 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: March 10, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board