United States Department of Labor

Employees’ Compensation Appeals Board

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J.W., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

Edison, NJ, Employer

__________________________________________

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Docket No. 23-0080

Issued: May 23, 2023

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, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On October 24, 2022 appellant filed a timely appeal from September 16 and October 4,

2022 merit decisions 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 appellant has met her burden of proof to establish a diagnosed medical

condition in connection with the accepted August 8, 2022 employment incident.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the October 4, 2022 decision, OWCP received additional evidence. 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 August 10, 2022 appellant, then a 42-year-old rural carrier associate, filed a traumatic 

injury claim (Form CA-1) alleging that on August 8, 2022 she injured her right shoulder when she 

reached back to close the door of her truck while in the performance of duty. She stopped work 

on August 8, 2022.

In support of her claim, appellant submitted an August 9, 2022 note from Dr. Jessica 

Richmond, a Board-certified internist, holding her off from work from August 9 to 23, 2022,

pending evaluation by a specialist.

In an August 15, 2022 development letter, OWCP informed appellant of the deficiencies 

of her claim. It advised her of the type of factual and medical evidence needed to establish her

claim and provided a factual questionnaire for her completion. OWCP afforded appellant 30 days 

to submit the necessary evidence. No response was received.

By decision dated September 16, 2022, OWCP accepted that the August 8, 2022 

employment incident occurred, as alleged. However, it denied appellant’s traumatic injury claim, 

finding that she had not submitted medical evidence containing a medical diagnosis from a 

qualified physician in connection with the accepted August 8, 2022 employment incident. 

Consequently, OWCP found that the requirements had not been met to establish an injury as 

defined by FECA. 

Thereafter, OWCP received additional evidence. In a September 16, 2022 note,

Dr. Matthew Kleiner, Board-certified in orthopedic surgery and orthopedic sports medicine, 

related that he treated appellant for a right shoulder injury sustained in August when she pulled the 

door of a mail truck at work. He diagnosed right shoulder rotator cuff syndrome and shoulder 

weakness and opined that the conditions were causally related to the employment incident.

On October 3, 2022 appellant requested reconsideration of the September 16, 2022 

decision and submitted additional evidence, including a September 17, 2022 x-ray report of her

right shoulder noting an impression of no acute fracture or dislocation of the right shoulder. 

In a September 21, 2022 attending physician’s report (Form CA-20), Dr. Kleiner noted an 

August 8, 2022 date of injury, diagnosed right rotator cuff syndrome and right shoulder weakness,

and noted a period of total disability of September 16 to November 1, 2022. He checked a box

marked “Yes” to indicate his belief that the conditions were caused or aggravated by an 

employment activity. In a duty status report (Form CA-17) of even date, Dr. Kleiner related that 

appellant sustained an injury on August 8, 2022 by closing a rear truck door, diagnosed right 

shoulder weakness, and held her off work.

By decision dated October 4, 2022, OWCP denied modification of its September 16, 2022 

decision.
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LEGAL PRECEDENT

An employee seeking benefits under FECA3 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,4that 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.5 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.6

To determine whether a federal employee has sustained a traumatic injury in the 

performance of duty, it first must be determined whether fact of injury has been established. There 

are two components involved in establishing fact of injury. The first component is that the 

employee must submit sufficient evidence to establish that he or she actually experienced the 

employment incident at the time and place, and in the manner alleged. The second component is 

whether the employment incident caused a personal injury and can be established only by medical 

evidence.7

ANALYSIS

The Board finds that appellant has established a diagnosed right rotator cuff syndrome in 

connection with the accepted August 8, 2022 employment incident.

In a September 16, 2022 note, Dr. Kleiner related that he treated appellant for a right 

shoulder injury sustained in August when she pulled the door of a mail truck at work. He 

diagnosed right shoulder rotator cuff syndrome and shoulder weakness and indicated that the 

conditions were causally related to the accepted employment incident. Likewise, in a 

September 21, 2022 Form CA-20, Dr. Kleiner noted an August 8, 2022 date of injury, reiterated 

his diagnosis of right rotator cuff syndrome and right shoulder weakness, and checked a box 

marked “Yes” to indicate his belief that the conditions were caused or aggravated by an 

employment activity. Thus, the Board finds that the evidence of record establishes a diagnosis of 

right rotator cuff syndrome in connection with the accepted August 8, 2022 employment incident.

3

Supra note 1.

4 F.H., Docket No.18-0869 (issued January 29, 2020); J.P., Docket No. 19-0129 (issued April26, 2019); JoeD. 

Cameron, 41 ECAB 153 (1989). 

5 L.C., Docket No. 19-1301 (issued January 29, 2020); J.H., Docket No. 18-1637 (issued January 29, 2020); 

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

6 P.A., Docket No. 18-0559 (issued January 29, 2020); K.M., Docket No. 15-1660 (issued September 16, 2016); 

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

7 T.H., Docket No. 19-0599 (issued January28, 2020); K.L., Docket No. 18-1029 (issued January 9, 2019); John J. 

Carlone, 41 ECAB 354 (1989).
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Consequently, the case must be remanded for consideration of the medical evidence with 

regard to the issue of causal relationship.8 Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

CONCLUSION

The Board finds that appellant has met her burden of proof to establish a diagnosed right 

rotator cuff syndrome in connection with the accepted August 8, 2022 employment incident. The 

Board further finds, however, that the case is not in posture for decision with regard to whether 

the diagnosed medical condition is causally related to the accepted August 8, 2022 employment 

incident.

ORDER

IT IS HEREBY ORDERED THAT the September 16 and October 4, 2022 decisions of 

the Office of Workers’ Compensation Programs are reversed and the case is remanded to OWCP 

for further proceedings consistent with this decision of the Board.

Issued: May 23, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

8

See F.D., Docket No. 21-1045 (issued December 22, 2021).