United States Department of Labor

Employees’ Compensation Appeals Board

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S.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Brooklyn, NY, Employer

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Docket No. 22-0277

Issued: February 15, 2023

Appearances: Case Submitted on the Record

Paul Kalker, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On December 13, 2021 appellant, through counsel, filed a timely appeal from an 

October 18, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

Pursuant to the Federal Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 

501.3, the Board has jurisdiction over the merits of this case.

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2 5 U.S.C. § 8101 et seq.
2

ISSUE

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

to wage-loss compensation and medical benefits, effective October 18, 2021, as she no longer had 

disability or residuals causally related to her accepted May 8, 2020 employment injury.

FACTUAL HISTORY

On May 18, 2020 appellant, then a 53-year-old mail carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on May 8, 2020 she injured her low back while in the performance of 

duty. She explained that she fell to the floor when a coworker pulled a stool out from under her, 

which caused pain in her back radiating down to her right leg. Appellant stopped work on the date 

of injury. On February 2, 2021 OWCP accepted the claim for sprain of muscle, fascia, and tendon 

of the lower back. 

On June 20, 2021 OWCP received a letter from counsel indicating that appellant had filed 

a claim for wage-loss compensation (Form CA-7) and had not yet received a response. On June 23, 

2021 it responded and advised that it had not received a Form CA-7 from her and that the 

employing establishment reported that she had submitted a March 17, 2021 Form CA-7, but it was 

returned for corrections. 

On June 30, 2021 OWCP referred appellant, together with a statement of accepted facts, 

the medical record, and a series of questions, to Dr. Leon Sultan, a Board-certified orthopedic 

surgeon, for a second opinion examination to determine whether she continued to suffer from 

residuals or disability due to her accepted employment injury.

Dr. Sultan, in a July 20, 2021 report, reviewed appellant’s history of injury and medical 

records. He reported unremarkable findings on physical examination of her lower back.

Dr. Sultan opined that appellant did not suffer from any residuals of her employment injury and 

required no further medical treatment. He further opined that she had no current or concurrent 

disability causally related to the accepted May 8, 2020 employment injury and that she could 

perform her date-of-injury mail carrier position with no restrictions on a full-time basis. Dr. Sultan

explained that appellant’s “lower back condition reached a fixed and stable state (maximal medical 

improvement) in regard to [appellant’s] lower back.” He concluded that her prognosis was 

favorable. In an accompanying work capacity evaluation (Form OWCP-5c), Dr. Sultan reiterated 

his opinion that appellant could return to full-time work with no restrictions.

On August 16, 2021 OWCP issued a notice proposing to terminate appellant’s entitlement 

to wage-loss compensation and medical benefits as she no longer had disability or residuals 

casually related to her accepted May 8, 2020 employment injury based on Dr. Sultan’s report. It 

afforded her 30 days to respond.

Thereafter, appellant filed an October 7, 2021 Form CA-7 claiming disability from work 

for the period May 9, 2020 through October 1, 2021. 
3

By decision dated October 18, 2021, OWCP terminated appellant’s entitlement to wageloss compensation and medical benefits effective that date, finding that the weight of the medical 

evidence rested with the report of Dr. Sultan.

LEGAL PRECEDENT

Once OWCP accepts a claim and pays compensation, it has the burden of proof to justify 

termination or modification of an employee’s entitlement to benefits.3 After it has determined 

that, an employee has disability causally related to his or her federal employment, OWCP may not 

terminate entitlement to compensation without establishing that the disability has ceased or that it 

is no longer related to the employment.4 Its burden of proof includes the necessity of furnishing 

rationalized medical opinion evidence based on a proper factual and medical background.5

The right to medical benefits for an accepted condition is not limited to the period of 

entitlement for disability compensation.6 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.7

ANALYSIS

The Board finds that OWCP has met its burden of proof to terminate entitlement to 

appellant’s wage-loss compensation and medical benefits, effective October 18, 2021, as she no 

longer had disability or residuals causally related to her accepted May 8, 2020 employment injury.

In his July 22, 2021 report, Dr. Sultan reviewed the medical evidence of record and 

described appellant’s May 8, 2020 employment injury. He indicated that, on physical 

examination, she had no objective findings related to her accepted employment injury. Dr. Sultan 

explained that appellant’s “lower back condition reached a fixed and stable state (maximal medical 

improvement) in regard to her lower back.” He concluded that she had no residuals or disability 

due to the accepted work-related condition, that she could return to her full-time mail carrier 

position without restrictions, and that there was no need for further medical treatment.

The Board has reviewed the opinion of Dr. Sultan and finds that he has based his opinion 

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

3 See R.P., Docket No. 17-1133 (issued January 18, 2018); S.F., 59 ECAB 642 (2008); Kelly Y. Simpson, 57 ECAB 

197 (2005); Paul L. Stewart, 54 ECAB 824 (2003).

4 See R.P., id.; Jason C. Armstrong, 40 ECAB 907 (1989); Charles E. Minnis, 40 ECAB 708 (1989); Vivien L. 

Minor, 37 ECAB 541 (1986).

5 K.W., Docket No. 19-1224 (issued November 15, 2019); see M.C., Docket No. 18-1374 (issued April 23, 2019); 

Del K. Rykert, 40 ECAB 284, 295-96 (1988).

6 A.G., Docket No. 19-0220 (issued August 1, 2019); A.P., Docket No. 08-1822 (issued August 5, 2009); T.P., 58 

ECAB 524 (2007); Kathryn E. Demarsh, 56 ECAB 677 (2005); Furman G. Peake, 41 ECAB 361, 364 (1990).

7 K.W., supra note 5; see A.G., id.; James F. Weikel, 54 ECAB 660 (2003); Pamela K. Guesford, 53 ECAB 727 

(2002); Furman G. Peake, id.
4

rationale for his opinion. The Board finds that it has reliability, probative value, and convincing 

quality with respect to its conclusions regarding the relevant issue of work-related disability.8 The 

case record does not contain probative medical evidence demonstrating that appellant was unable 

to work on or after October 18, 2021 due to her May 8, 2020 employment injury. Thus, OWCP 

properly terminated her wage-loss compensation and medical benefits, effective October 18, 2021.

CONCLUSION

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

entitlement to wage-loss compensation and medical benefits, effective October 18, 2021, as she 

no longer had disability or residuals causally related to her accepted May 8, 2020 employment 

injury.

ORDER

IT IS HEREBY ORDERED THAT the October 18, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: February 15, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

8 See W.C., Docket No. 18-1386 (issued January 22, 2019); D.W., Docket No. 18-0123 (issued October 4, 2018).