United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

H.J., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

WESTERN NEW YORK HEALTHCARE 

SYSTEM, BUFFALO, NY, Employer

__________________________________________

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Docket No. 21-0665

Issued: March 6, 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

JANICE B. ASKIN, Judge

JURISDICTION

On March 15, 2021 appellant filed a timely appeal from a February 23, 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. 

ISSUE

The issue is whether appellant has met her burden of proof to establish disability from work 

commencing October 23, 2020 causally related to her accepted employment injury.

FACTUAL HISTORY

On December 13, 2020 appellant, then a 47-year-old nursing assistant, filed an 

occupational disease claim (Form CA-2) alleging that she contracted COVID-19 when engaged in 

1

5 U.S.C. § 8101 et seq.
2

one-on-one patient observation while in the performance duty. She noted that she first became 

aware of her illness on October 23, 2020 and realized its relation to her federal employment on 

November 8, 2020. Appellant stopped work on October 23, 2020.

A health insurance letter dated November 12, 2020 indicated that appellant’s medical 

condition required hospital admission as of November 11, 2020. In a letter dated November 13, 

2020, Juliana Chapman, a registered nurse, noted that she was admitted to the hospital on 

November 11, 2020. 

In a progress note dated November 16, 2020, Dr. Sonia Timothy, an internal medicine 

specialist, related that appellant had been admitted to the hospital on November 12, 2020 

secondary to COVID-19. 

Beginning December 22, 2020, appellant began filing claims for compensation (Form 

CA-7) for disability from work commencing October 23, 2020 due to COVID-19.

By decision dated January 6, 2021,OWCPaccepted appellant’s occupational disease claim 

for COVID-19.

OWCP continued to receive medical evidence, including work excuse notes from

Dr. Qamrunnisa Rahman, an internal medicine specialist, dated December 7, 11, and 28, 2020 and 

January 25, 2021, excusing appellant from work through February 1, 2021. 

In a development letter dated January 15, 2021, OWCP informed appellant of the 

deficiencies of her claim for wage-loss compensation. It advised her of the type of medical 

evidence needed to establish her claim, and afforded her 30 days to submit the necessary evidence. 

Thereafter, OWCP received a November 20, 2020 discharge summary by Tiffany L. 

Phalen, a physician assistant, indicating that appellant was admitted to the hospital from 

November 12 through 20, 2020 for symptoms of malaise, fatigue, and shortness of breath. 

Appellantwas treated with convalescent plasma and remdesivir, as well as insulin for exacerbation 

of uncontrolled blood sugars from steroid use. The discharge diagnoses included acute hypoxic 

respiratory failure, COVID-19 viral pneumonia, hepatic steatosis, type 2 diabetes mellitus, 

hypertension/dyslipidemia, and depression.

By decision dated February 23, 2021, OWCP denied appellant’s claim for compensation, 

finding that she had not submitted sufficient medical evidence to establish disability from work 

commencing October 23, 2020, causally related to her accepted employment conditions.

LEGAL PRECEDENT

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

essential elements of his or her claim including the fact that any disability or specific condition for 

which compensation is claimed is causally related to the employment injury. 2 Under FECA, the 

term “disability” means the incapacity, because of an employment injury, to earn the wages that 

2

S.W., Docket No. 18-1529 (issued April19, 2019); J.F., Docket No. 09-1061 (issued November 17, 2009).
3

the employee was receiving at the time of injury.3 Disability is, thus, not synonymous with 

physical impairment, which may or may not result in an incapacity to earn wages.4 An employee 

who has a physical impairment causally related to a federal employment injury, but who 

nevertheless has the capacity to earn the wages he or she was receiving at the time of injury, has 

no disability as that term is used in FECA.5 When, however, the medical evidence establishes that 

the residuals or sequelae of an employment injury are such that, from a medical standpoint, they 

prevent the employee from continuing in his or her employment, he or she is entitled to 

compensation for loss of wages.6

The medical evidence required to establish causal relationship between a claimed period 

of disability and an employment injury is rationalized medical opinion evidence. The opinion of 

the physician must be based on a complete factual and medical background of the claimant, must 

be one of reasonable medical certainty, and must be supported by medical rationale explaining the 

nature of the relationship between the claimed disability and the accepted employment injury. 7

The Board will not require OWCP to pay compensation for disability in the absence of 

medical evidence directly addressing the specific dates of disability for which compensation is 

claimed. To do so would essentially allow an employee to self-certify his or her disability and 

entitlement to compensation.8

ANALYSIS

The Board finds that appellant has met her burden of proof to establish disability from work 

for the period November 12 through 20, 2020 due to the accepted employment injury. 

In support of her claim for disability, appellant submitted a November 16, 2020 signed 

progress note from Dr. Timothy, confirming that she was in fact admitted to the hospital due to 

COVID-19 illness on November 12, 2020. A subsequent discharge summary indicated thatshe 

was released from the hospital on November 20, 2020. The Board finds that these notes are

sufficient to establish total disability for the claimed period beginning November 12 through 20, 

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

9

The Board further finds, however, that appellant has not met her burden of proof to 

establish disability for the periods October 23 through November 11, 2020 and November 21, 

2020 and continuing. In notes dated December 7, 11, and 28, 2020 and January 25, 2021,

3

20 C.F.R. § 10.5(f).

4

See H.B., Docket No. 20-0587 (issued June 28, 2021);L.W., Docket No. 17-1685 (issued October 9, 2018).

5

See H.B., id.; K.H., Docket No. 19-1635 (issued March 5, 2020).

6

See D.R., Docket No. 18-0323 (issued October 2, 2018).

7 Y.S., Docket No. 19-1572 (issued March 12, 2020).

8

J.B., Docket No. 19-0715 (issued September 12, 2019).

9

Supra note 7.
4

Dr. Rahman excused appellant from work through February 1, 2021; however, he did not provide 

an opinion explaining why her disability from work was causally related to the accepted 

employment condition.

10

 The Board has held that medical evidence that does not provide an 

opinion as to whether a period of disability is due to an accepted employment-related condition is 

insufficient to meet a claimant’s burden of proof.

11

 Therefore, these reports are insufficient to 

establish appellant’s claim for disability for the periods October 23 through November 11, 2020 

and November 21, 2020 and continuing.

As appellant has not submitted rationalized medical evidence establishing causal 

relationship between the accepted employment condition and her claimed periods of disability for 

the periods October 23 through November 11, 2020 and November 21, 2020 and continuing, the 

Board finds that she has not met her burden of proof for those claimed periods.

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 met her burden of proof to establish disability from work 

for the period November 12 through 20, 2020 causally related to her accepted employment 

condition. The Board further finds that she has not established disability for the periods October 23 

through November 11, 2020 and November 21, 2020 and continuing.

10 See T.T., Docket No. 18-1054 (issued April8, 2020); Y.D., Docket No. 16-1896 (issued February 10, 2017).

11 R.J., Docket No. 19-0179 (issued May 26, 2020); M.A., Docket No. 19-1119 (issued November 25, 2019); S.I., 

Docket No. 18-1582 (issued June20, 2019); L.B., Docket No. 18-0533 (issued August 27, 2018); D.K., Docket No. 

17-1549 (issued July 6, 2018).
5

ORDER

IT IS HEREBY ORDERED THAT the February 23, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed in part and reversed in part.

Issued: March 6, 2023

Washington, D.C.

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board