United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

N.H., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Milwaukee, WI, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-0229

Issued: June 10, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On November 2, 2020 appellant filed a timely appeal from a June 25, 2020 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.

ISSUE

The issue is whether appellant has met his burden of proof to establish a medical condition 

causally related to the accepted factors of his federal employment.

FACTUAL HISTORY

On May 1, 2020 appellant, then a 48-year-old mail handler, filed an occupational disease 

claim (Form CA-2) alleging that he sustained a strain due to factors of his federal employment. 

 

1 5 U.S.C. § 8101 et seq.
2

He noted that he first became aware of his condition and realized its relation to his federal 

employment on December 23, 2019. Appellant did not stop work.

A December 23, 2019 after visit summary from Dr. Nathan Woltman, Board-certified in 

emergency medicine, indicated that appellant was seen for neck and shoulder pain and diagnosed 

cervical nerve root disorder. In a medical note of even date, Dr. Colin Cantrell, an orthopedic 

surgeon, found that appellant could return to work in seven days with restrictions.

In an April 28, 2020 statement, appellant indicated that on December 23, 2019 he was 

working on a machine at work, dumping mail, when he felt a sharp pain in his arm. He contended 

that he asked his supervisor if he could leave and go to the emergency room. Appellant noted that 

an x-ray was taken, his doctor prescribed pain medication, and he returned to work after a few 

days. He further contended that, since returning to work and due to the repetitive nature of his 

work duties, which included loading, prepping, and pushing of mail, he was still experiencing pain. 

Appellant also indicated that he previously worked at the employing establishment as a mail carrier 

for 27 years before working as a mail handler.

In a May 4, 2020 development letter, OWCP informed appellant that the evidence 

submitted was insufficient to establish his claim. It advised him of the type of factual and medical 

evidence needed and provided a factual questionnaire for his completion. OWCP afforded 

appellant 30 days to respond. No further evidence was submitted.

By decision dated June 25, 2020, OWCP denied appellant’s occupational disease claim, 

finding that the medical evidence of record was insufficient to establish that his diagnosed medical 

condition was causally related to the accepted factors of his federal employment.

LEGAL PRECEDENT

An employee seeking benefits under FECA2 has the burden of proof to establish the 

essential elements of his or her claim, including that the individual is an employee of the United 

States within the meaning of FECA, that the claim was timely filed within the applicable time 

limitation of FECA,3that an injury was sustained in the performance of duty as alleged, and that 

any disability or medical condition for which compensation is claimed is causally related to the 

employment injury.4 These are the essential elements of each and every compensation claim, 

regardless of whether the claim is predicated upon a traumatic injury or an occupational disease.5

To establish that an injury was sustained in the performance of duty in an occupational 

disease claim, a claimant must submit: (1) a factual statement identifying employment factors 

 

2

Id.

3

J.W., Docket No. 18-0678 (issued March 3, 2020); S.B., Docket No. 17-1779 (issued February 7, 2018); J.P., 59 

ECAB 178 (2007); Joe D. Cameron, 41 ECAB 153 (1989). 

4

J.S., Docket No.18-0657 (issued February 26, 2020); J.M., Docket No. 17-0284 (issued February 7, 2018); 

James E. Chadden, Sr., 40 ECAB 312 (1988).

5 L.J., Docket No. 19-1343 (issued February 26, 2020); R.R., Docket No. 18-0914 (issued February 24, 2020); 

Delores C. Ellyett, 41 ECAB 992 (1990).
3

alleged to have caused or contributed to the presence or occurrence of the disease or condition; 

(2) medical evidence establishing the presence or existence of the disease or condition for which 

compensation is claimed; and (3) medical evidence establishing that the diagnosed condition is 

causally related to the employment factors identified by the claimant.6 

Causal relationship is a medical issue and the medical evidence required to establish causal 

relationship is rationalized medical opinion evidence.7 The opinion of the physician must be based 

on a complete factual and medical background of the employee, must be one of reasonable medical 

certainty, and must be supported by medical rationale explaining the nature of the relationship 

between the diagnosed condition and specific employment factors identified by the employee.8

ANALYSIS

The Board finds that appellant has not met his burden of proof to establish a medical 

condition causally related to the accepted factors of his federal employment.

OWCP received an after visit summary from Dr. Woltman, dated December 23, 2019. 

While this summary listed a diagnosis of cervical nerve root disorder, it did not include an opinion 

on the cause of appellant’s diagnosed cervical nerve root disorder. The Board has held that medical 

evidence that does not offer an opinion regarding the cause of an employee’s condition is of no 

probative value on the issue of causal relationship.9 As such, this summary is insufficient to 

establish his claim.

In a medical note of even date, Dr. Cantrell found that appellant could return to work in 

seven days with restrictions. The Board has held that a medical report lacking a firm diagnosis 

and a rationalized medical opinion regarding causal relationship is of no probative value.10 As 

such, this note is also insufficient to meet appellant’s burden of proof. 

As appellant has not submitted rationalized medical evidence establishing that his 

diagnosed medical condition was causally related to the accepted factors of his federal 

employment, the Board finds that he has not met his burden of proof to establish his claim. 

 

6 S.C., Docket No. 18-1242 (issued March 13, 2019); R.H., 59 ECAB 382 (2008).

7 A.M., Docket No. 18-1748 (issued April 24, 2019); T.H., 59 ECAB 388, 393 (2008); Robert G. Morris, 48 ECAB 

238 (1996).

8 R.G., Docket No. 18-0792 (issued March 11, 2020); D.J., Docket No. 19-1301 (issued January 29, 2020); I.J., 59 

ECAB 408 (2008); Victor J. Woodhams, 41 ECAB 345, 352 (1989).

9 D.M., Docket No. 20-1347 (issued January 29, 2021); S.J., Docket No. 19-0696 (issued August 23, 2019); M.C., 

Docket No. 18-0951 (issued January 7, 2019); L.B., Docket No. 18-0533 (issued August 27, 2018); D.K., Docket No. 

17-1549 (issued July 6, 2018).

10 J.P., Docket No. 20-0381 (issued July 28, 2020); R.L., Docket No. 20-0284 (issued June 30, 2020).
4

Appellant may submit new evidence or argument with a written request for reconsideration 

to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) and 20 C.F.R. 

§§ 10.605 through 10.607.

CONCLUSION

The Board finds that appellant has not met his burden of proof to establish a cervical 

condition causally related to the accepted factors of his federal employment.

ORDER

IT IS HEREBY ORDERED THAT the June 25, 2020 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: June 10, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board