United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

G.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Detroit, MI, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 23-0302

Issued: August 9, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On December 5, 2022 appellant filed a timely appeal from a November 7, 2022 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

ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation and 

medical benefits, effective November 7, 2022, pursuant to 5 U.S.C. § 8123(d), due to his failure 

to attend a scheduled medical examination.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that following the November 7, 2022 decision, OWCP received additional evidence. However, 

the Board’s 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

FACTUAL HISTORY

On March 6, 1995 appellant, then a 43-year-old electrician, filed a traumatic injury claim 

(Form CA-1) alleging that on that date he slipped on ice and twisted his back while in the 

performance of duty. OWCP accepted the claim for lumbar strain, displacement of lumbar 

intervertebral disc without myelopathy, and thoracic or lumbosacral neuritis or radiculitis.3 

Appellant stopped work on March 6, 1995 and returned to limited duty with restrictions on 

March 27, 1995. He worked in a limited-duty capacity on and off until June 19, 1995, when he 

suffered a recurrence of disability. Appellant stopped work completely on July 25, 1995. The 

record reflects that OWCP paid him wage-loss compensation on the periodic rolls as of

August 11, 2002. 

In a July 21, 2022 letter, OWCP notified appellant that he was being referred for an 

impartial medical examination on September 7, 2022 with Dr. Jeffrey Parker, Board-certified in 

internal medicine, to resolve a conflict of medical opinion regarding his work capacity due to the 

accepted March 6, 1995 injury. The letter informed appellant of his obligations to attend and 

cooperate with the examination, and explained that his compensation benefits would be suspended 

for failure to report to, or for obstruction of, the examination pursuant to 5 U.S.C. § 8123(d). The 

letter also contained the date, time, and location of his appointment and was mailed to his address 

of record.

In a July 27, 2022 telephone call, appellant expressed his frustration regarding the 

scheduled impartial medical examination. He then did not attend the examination that was 

scheduled for September 7, 2022. 

In a September 12, 2022 notice, OWCP proposed to suspend appellant’s wage-loss 

compensation and medical benefits because he failed to attend the September 7, 2022 medical 

examination. It afforded him 14 days to respond in writing with an explanation as to why he did 

not attend the examination with Dr. Parker. OWCP advised appellant that if good cause was not 

established, his compensation benefits would be suspended pursuant to 5 U.S.C. § 8123(d) until 

he attended and fully cooperated with the examination. It instructed him to contact OWCP 

immediately if he intended to report to a rescheduled examination with Dr. Parker. 

On September 13, 2022 OWCP received appellant’s undated statement alleging that his 

neck issues prevented him from attending the scheduled impartial medical examination. He 

indicated that he saw his treating physician regarding his neck issues, and had another appointment 

scheduled for September 15, 2022. Appellant also indicated that despite receiving two injections 

at the base of his neck, his neck had worsened, and he was restricted to laying on his back. In a 

September 3, 2022 work excuse note, Stephanie Sharp, a certified nurse practitioner, advised that 

appellant was unable to work due to “increase in exacerbation” of chronic neck pain. 

On September 19 and 23, 2022 appellant informed OWCP that his neck had been painful 

for approximately one month. He also noted that his doctor had given him a note regarding his 

3 Under OWCP File No. xxxxxx010, a February6, 1993date of injury, appellant has an accepted claim for a lumbar 

strain. He did not lose any time from work and returned to work with restrictions. Appellant has preexisting back 

conditions, including spinal stenosis and disc herniation. He underwent a lumbar laminectomy in 1986.
3

neck, and his inability to return to work. On September 26, 2022 OWCP received appellant’sletter 

requesting an election for Office of Personnel Management retirement benefits. 

By decision dated November 7, 2022, OWCP suspended appellant’s wage-loss 

compensation and medical benefits effective that date, pursuant to 5 U.S.C. § 8123(d), due to his 

failure, without good cause, to attend the medical examination scheduled for September 7, 2022. 

LEGAL PRECEDENT

Section 8123 of FECA authorizes OWCP to require an employee, who claims disability as 

a result of federal employment, to undergo a physical examination as it deems necessary. 4 The 

determination of the need for an examination, the type of examination, the choice of locale, and 

the choice of medical examiners are matters within the province and discretion of OWCP. 5 

OWCP’s regulations provide that a claimant must submit to an examination by a qualified 

physician as often and at such times and places as OWCP considers reasonably necessary.6 Section 

8123(d) of FECA and OWCP regulations provide that, if an employee refuses to submit to or 

obstructs a directed medical examination, his or her right to compensation is suspended until the 

refusal or obstruction ceases.7 OWCP’s procedures provide that, before OWCP may invoke these 

provisions, the employee is to be provided a period of 14 days within which to present in writing 

his or her reasons for the refusal or obstruction.8 If good cause for the refusal or obstruction is not 

established, entitlement to compensation is suspended in accordance with section 8123(d) of 

FECA.9

ANALYSIS

The Board finds that OWCP properly suspended appellant’s wage-loss compensation and 

medical benefits, effective November 7, 2022, pursuant to 5 U.S.C. § 8123(d), due to his failure 

to attend a scheduled medical examination.

On July 21, 2022 OWCP notified appellant that it had scheduled a September 12, 2022 

impartial medical examination with Dr. Parker. It explained that his entitlement to compensation 

could be suspended, pursuant to 5 U.S.C. § 8123(d), if he refused to submit to or obstructed an 

4

5 U.S.C. § 8123.

5

See Q.V., Docket No. 21-1188 (issued May 26, 2022);R.D., Docket No. 20-1551 (issued November 8, 2021);

L.B., Docket No. 17-1891 (issued December 11, 2018); J.T., 59 ECAB 293 (2008).

6

20 C.F.R. § 10.320.

7

5 U.S.C. § 8123(d);see also id. at § 10.323; R.T., Docket No. 20-0933 (issued July 29, 2022); Q.V., supra note 5;

D.K., Docket No. 18-0217 (issued June 27, 2018).

8 Federal (FECA) Procedure Manual, Part 2 -- Claims, Developing and Evaluating Medical Evidence, Chapter 

2.810.13d (September 2010).

9

Id. at Chapter 2.810.13e.
4

examination. On July 27, 2022 appellant expressed his frustration over having to attend an 

OWCP-directed examination. 

Appellant did not appear for the September 7, 2022 appointment, nor did he attempt to 

reschedule the appointment prior to the designated time.10 In a notice dated September 12, 2022, 

OWCP provided him 14 days to submit a valid reason in writing for his failure to attend the 

scheduled medical appointment. On September 13, 2022 it received appellant’s statement 

pertaining to his neck condition and a September 3, 2022 work excuse note from a certified nurse 

practitioner, which advised that appellant was unable to work due to increase in exacerbation of 

chronic neck pain. As reflected by the September 3, 2022 work excuse note, appellant attended a 

medical appointment with his provider a few days prior to the scheduled September 7, 2022 

examination, and had set up another appointment with his treating physician a week after the 

scheduled examination. While the September 3, 2022 work excuse note indicated that he was 

disabled from work, absent additional information, such a statement on disability is not relevant 

to the issue of whether or not he could attend an OWCP scheduled examination. Thus, given the 

circumstances, appellant has not established good cause for his failure to attend, or his obstruction 

of, the September 7, 2022 scheduled OWCP examination. 

As appellant did not attend the impartial medical examination as scheduled and failed to 

provide good cause for failing to appear within 14 days of OWCP’s September 12, 2022 notice of 

proposed suspension, the Board finds that OWCP properly suspended hiswage-loss compensation 

and medical benefits in accordance with 5 U.S.C. § 8123(d), effective November 7, 2022.11

CONCLUSION

The Board finds that OWCP properly suspended appellant’s wage-loss compensation and 

medical benefits, effective November 7, 2022, pursuant to 5 U.S.C. § 8123(d), due to his failure 

to attend a scheduled medical examination.

10 See R.T., Docket No. 20-0933 (issued July 29, 2022).

11 R.T., id.; A.H., Docket No. 21-0688 (issued October 6, 2021); G.R., Docket No. 20-0915 (issued 

January 29, 2021).
5

ORDER

IT IS HEREBY ORDERED THAT the November 7, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: August 9, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board