United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.L., Appellant

and

U.S. POSTAL SERVICE, VALLEY STREAM 

POST OFFICE, Valley Stream, NY, Employer

__________________________________________

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Docket No. 22-0161

Issued: March 10, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On November 14, 2021 appellant filed a timely appeal from a September 21, 2021 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 September 21, 2021 decision, appellant submitted additional evidence to 

OWCP. 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

ISSUE

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

compensation and medical benefits, effective September 22, 2021, as she no longer had disability 

or residuals causally related to her accepted January 16, 2020 employment injury.

FACTUAL HISTORY

On February 3, 2020 appellant, then a 31-year-old city carrier assistant, filed a traumatic 

injury claim (Form CA-1) alleging that on January 16, 2020 she injured her right ankle when she 

fell downstairs while in the performance of duty. She worked intermittently thereafter. OWCP 

accepted appellant’s claim for right ankle sprain and right ankle strain. It paid her wage-loss 

compensation on the supplemental rolls commencing March 16, 2020, on the periodic rolls 

commencing June 21, 2020, and pursuant to a loss of wage-earning capacity determination from 

March 9 through September 21, 2021.

A magnetic resonance imaging (MRI) scan of the right ankle dated August 13, 2020 

revealed moderate sprains of the anterior talofibular and calcaneofibular ligaments, mild deltoid 

sprain with mild effusion, and anterolateral synovitis.

On September 29, 2020 Dr. David Zaret, a Board-certified orthopedist, performed a right 

ankle arthroscopy, extensive debridement, and administered a right ankle joint injection. He 

diagnosed right ankle synovitis. In duty status reports (Form CA-17) dated October 16 and 

December 22, 2020, Dr. Zaret diagnosed synovitis of the right ankle and advised that appellant 

was totally disabled. On December 16, 2020 he diagnosed right ankle injury and noted that she

could return to modified-duty work on December 21, 2020. In a medical update request form and 

a progress note, both dated January 20, 2021, Dr. Zaret diagnosed peroneal tendinitis of the right 

leg and noted that appellant was disabled from work. 

On February 10, 2021 OWCP referred appellant, the medical record along with a statement 

of accepted facts (SOAF) and a series of questions, to Dr. Leon Sultan, a Board-certified 

orthopedic surgeon, for a second opinion examination to determine the status of her disability and 

residuals due to her accepted January 16, 2020 employment injury.

OWCP received a February 17, 2021 report from Dr. Zaret who treated appellant in 

follow up for a work-related right ankle injury. Dr. Zaret advised that she underwent arthroscopic 

surgery on October 6, 2020 and subsequently developed peroneal tendinitis. He noted tenderness 

over the peroneal tendons and pain with circumduction. Dr. Zaret diagnosed peroneal tendinitis 

of the right leg. In a return-to-work slip of even date, he treated appellant for peroneal tendinitis 

of the right leg and continued modified-duty work. In a Form CA-17 dated February 22, 2021,

Dr. Zaret diagnosed peroneal tendinitis of the right leg and continued modified-duty work. In a 

medical update form dated February 23, 2021, he treated appellant for right ankle peroneal 

tendinitis and administered a steroid injection. Dr. Zaret cleared her to return to work in a fulltime sedentary duty. 

In a March 2, 2021 medical report, Dr. Sultan noted appellant’s history of injury on 

January 16, 2020 and his review of the SOAF and medical evidence of record. On physical 
3

examination of the right ankle, he found two well-healed anterior arthroscopic puncture wound 

scars with no complaints on palpation over the right ankle or right foot. Dr. Sultan reported no 

residual right ankle swelling or right and left calf muscle atrophy. He noted intact neurological

testing of the right ankle and foot. Dr. Sultan recorded right ankle range of motion measurements 

of 20 degrees dorsiflexion, 45 degrees of plantar flexion, 20 degrees of inversion, and 20 degrees 

of eversion with equal motion findings on the left side. Appellant demonstrated normal sensation 

in her right ankle and right foot. Dr. Sultan advised that she sustained a trauma to the right ankle 

resulting in right ankle synovitis for which she underwent successful right ankle arthroscopy. He 

opined that the work injury sustained on January 16, 2020 no longer contributed to appellant’s 

right ankle disability noting that her right ankle examination was unremarkable. Dr. Sultan 

indicated that his orthopedic examination confirmed that she was medically capable of returning 

to her date-of-injury job as a city carrier associate without restrictions. In a work capacity 

evaluation (Form OWCP-5c) of even date, he noted that appellant reached maximum medical 

improvement (MMI) and could resume her usual job without restrictions. 

On March 4, 2021 the employing establishment offered appellant a full-time modified 

carrier assistant position, effective March 6, 2021. Appellant accepted the position on March 8, 

2021 and returned to work. 

On March 9, 2021 OWCP requested that appellant provide Dr. Sultan’s March 2, 2021 

report and the SOAF to her treating physician for an opinion as to whether he concurred or 

disagreed with his findings, and to provide a detailed response addressing any points of 

disagreement. 

OWCP received additional evidence. On April 12, 2021 Dr. Zaret reevaluated appellant 

for a right ankle injury. He noted that she underwent arthroscopy surgery October 6, 2020 and 

subsequently developed peroneal tendinitis. Dr. Zaret noted minimal swelling of the lateral ankle, 

tenderness over the peroneal tendons, and pain with circumduction. He diagnosed peroneal 

tendinitis of the right leg, synovitits of the right ankle, and continued modified-duty work. 

By notice dated May 6, 2021, OWCP advised appellant that it proposed to terminate her

wage-loss compensation and medical benefits based on Dr. Sultan’s opinion that the January 16, 

2020 accepted conditions had ceased without residuals or disability. It afforded her 30 days to 

submit additional evidence or argument challenging the proposed termination.

OWCP subsequently received a return to work note dated April 12, 2021 from Dr. Zaret 

who diagnosed peroneal tendinitis of the right leg and synovitis of the right ankle . Dr. Zaret 

continued modified-duty work. In a Form CA-17 dated April 13, 2021, he diagnosed peroneal 

tendinitis of the right leg and synovitis of the right ankle and continued light-duty work. On 

May 14, 2021 Dr. Zaret noted persistent posterolateral symptoms and diagnosed peroneal 

tendinitis of the right leg. He recommended an updated MRI scan of the right ankle. 

An MRI scan of the right ankle dated June 3, 2021 revealed mild chronic sprains of the 

anterior talofibular, calcaneofibular and deltoid ligaments, mild surrounding synovitis, mild soft 

tissue swelling surrounded the ankle greatest posteromedially, and no evidence of a peroneal 

tendon tear.
4

On June 25, 2021 Dr. Zaret reviewed the MRI scan of June 3, 2021 and diagnosed peroneal 

tendinitis of the right leg. He noted that appellant was currently stable and declined another steroid 

injection. Dr. Zaret recommended an ankle compression sleeve. On July 23, 2021 he reevaluated 

appellant for a right ankle injury and peroneal tendinitis. Dr. Zaret noted the MRI scan of the right 

ankle showed no sign of peroneal tendon pathology. He diagnosed peroneal tendinitis of the right 

leg, stable, and recommended physical therapy. In a Form CA-17 of even date, Dr. Zaret 

diagnosed tendinitis and continued modified duty. In a July 23, 2021 return to work note, he

diagnosed peroneal tendinitis and continued sedentary duty. 

By decision dated September 21, 2021, OWCP terminated appellant’s wage-loss 

compensation and medical benefits, effective September 22, 2021. It found that the weight of the 

medical evidence was represented by 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 benefits.3 After it has determined that, an employee 

has disability causally related to his or her federal employment, OWCP may not terminate 

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 appellant’s wage-loss 

compensation and medical benefits, effective September 22, 2021, as she no longer had disability 

or residuals causally related to the accepted January 16, 2020 employment injury.

3

See D.B., Docket No. 19-0663 (issued August27, 2020); D.G., Docket No. 19-1259 (issued January 29, 2020); 

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 D.G., id.; R.P., id.; JasonC. 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 April23, 2019); 

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

6 A.G., Docket No. 19-0220 (issued August1, 2019); A.P., Docket No. 08-1822 (issued August 5, 2009); T.P., 58 

ECAB 524 (2007); KathrynE. 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); PamelaK. Guesford, 53 ECAB 727 

(2002); FurmanG. Peake, id.
5

OWCP referred appellant to Dr. Sultan for a second opinion evaluation to determine the 

status of her accepted right ankle conditions and her work capacity. In a March 2, 2021 report,

Dr. Sultan opined that she had no disability or residuals related to her accepted right ankle sprain 

and right ankle strain, and no further medical treatment was needed. He noted his review of the 

SOAF and medical records and examined appellant. On physical examination, Dr. Sultan reported 

essentially normal findings with two well-healed anterior arthroscopic puncture wound scars, no 

complaints on palpation over the right ankle or right foot, no residual right ankle swelling or right 

and left calf muscle atrophy, intact neurological testing of the right ankle and foot, normal range 

of motion, and intact sensation in the right ankle and right foot. He opined that appellant sustained 

a trauma to the right ankle resulting in right ankle synovitis for which she underwent successful 

right ankle arthroscopy. Dr. Sultan indicated that her unremarkable orthopedic examination 

confirmed that she was medically capable of returning to full-duty work with no right ankle 

restrictions and no further medical treatment was necessary. In a Form OWCP-5c, he indicated 

that appellant reached MMI and could resume her usual job without restrictions.

Dr. Sultan based his opinion on a proper factual and medical history. He provided physical 

examination findings and a well-rationalized opinion based on the medical evidence regarding the 

accepted conditions causally related to appellant’s January 16, 2020 employment injury. 

Accordingly, the Board finds that OWCP properly relied on Dr. Sultan’s second opinion report in 

terminating her wage-loss compensation and medical benefits.8

Appellant submitted a series of reports from Dr. Zaret dated April 12 through July 23, 

2021, which provided findings regarding her right ankle, diagnosed peroneal tendinitis of the right 

leg and synovitis of the right ankle, and opined that she could work in a sedentary position, with

work restrictions, and that continued medical treatment was needed. The Board notes that OWCP 

did not accept diagnosis of peroneal tendinitis or synovitis of the right leg. Accordingly, these 

reports are insufficient to overcome the weight of the medical evidence accorded to Dr. Sultan, or 

to create a conflict in medical opinion as to whether appellant’s accepted conditions had resolved.9

As the weight of the medical evidence establishes that appellant had no further 

employment-related disability or residuals due to the accepted medical conditions, the Board finds 

that OWCP has met its burden of proof to terminate her wage-loss compensation and medical 

benefits, effective September 22, 2021.

CONCLUSION

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

compensation and medical benefits, effective September 22, 2021.

8 R.P., Docket No. 20-0891 (issued September 20, 2021); K.W., supra note 5; N.G., Docket No. 18-1340 (issued 

March 6, 2019); A.F., Docket No. 16-0393 (issued June 24, 2016).

9

Id.
6

ORDER

IT IS HEREBY ORDERED THAT the September 21, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: March 10, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy 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