O.R. and Department of the Treasury, Internal Revenue Service (Board decision, May 21, 2025)

ECAB final decision. The Board affirmed OWCP's denial of wage-loss compensation for October 12 through November 22, 2024. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

An IRS revenue agent sought wage-loss compensation after an accepted work-related vehicle accident. The Board found the submitted reports for October 12 through November 22, 2024 lacked identifiable physician authors or adequate medical support linking disability to the accepted injuries. It affirmed OWCP's denial of that period.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Denial of October–November 2024 disability period affirmed.
• Key point: Unsigned or unidentifiable medical reports did not establish work-related disability.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
O.R., Appellant
)
)
and ) Docket No. 25-0400
)
Issued: May 21, 2025
DEPARTMENT OF THE TREASURY,
)
INTERNAL REVENUE SERVICE, Atlanta, GA, )
Employer
)
__________ )

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 18, 2025, appellant filed a timely appeal from a February 18, 2025 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 for the period October 12 through November 22, 2024 causally related to her accepted April 9, 2024 employment injury.

1
5 U.S.C. § 8101 et seq.
FACTUAL HISTORY

On July 17, 2024, appellant, then a 50-year-old field internal revenue agent, filed a traumatic injury claim (Form CA-1) alleging that on April 9, 2024 she sustained multiple injuries from a motor vehicle accident she was involved in while in the performance of duty. She stopped work on April 9, 2024. OWCP accepted the claim for lumbar region radiculopathy; gluteal tendinitis, left hip; trochanteric bursitis, left hip; temporary aggravation spinal stenosis, lumbar region with neurogenic claudication; and temporary aggravation spondylolisthesis, lumbar region. It paid appellant wage-loss compensation on its supplemental rolls effective July 31, 2024.

By decision dated September 5, 2024, OWCP denied appellant’s entitlement to continuation of pay (COP) as the accepted April 9, 2024 employment injury was not reported within 30 days following the injury.

On November 25, 2024, appellant filed a claim for compensation (Form CA-7) for disability from work for the period October 12 through November 22, 2024.

In a development letter dated December 9, 2024, OWCP informed appellant of the deficiencies in her claim for compensation for the period October 12 through November 22, 2024. It advised her of the type of medical evidence required to show disability for work during the entire period claimed and afforded her 30 days to submit the requested evidence.

OWCP subsequently received unsigned medical reports from unidentifiable healthcare providers dated May 1 through December 3, 2024. The reports provided medical diagnoses, reviews of diagnostic testing, and described appellant’s treatment plan, which included physical therapy sessions, and epidural steroid and muscle trigger point injections.

By decision dated February 18, 2025, OWCP denied appellant’s claim for wage-loss compensation, finding that the medical evidence of record was insufficient to establish disability from work for the period October 12 through November 22, 2024.2

LEGAL PRECEDENT

An employee seeking benefits under FECA 3 has the burden of proof to establish the essential elements of their claim, including that any disability or specific condition for which compensation is claimed is causally related to the employment injury. 4 For each period of disability claimed, the employee has the burden of proof to establish that they were disabled from work as a result of the accepted employment injury. 5 Whether a particular injury causes an 2 The decision noted the end date of the period as November 23, 2024; however, this appears to be a typographical error as appellant’s Form CA-7 indicates that she claimed disability only through November 22, 2024. 3 Supra note 1.
4
See D.F., Docket No. 25-0218 (issued February 20, 2025); S.F., Docket No. 20-0347 (issued March 31, 2023); M.C., Docket No. 18-0919 (issued October 18, 2018); Kathryn Haggerty, 45 ECAB 383 (1994); Elaine Pendleton, 40 ECAB 1143 (1989). 5 D.F., id.; S.B., Docket No. 23-0999 (issued March 28, 2024); William A. Archer, 55 ECAB 674 (2004).

2 employee to be disabled from employment and the duration of that disability are medical issues, which must be proven by a preponderance of the reliable, probative, and substantial medical evidence.6 Findings on examination are generally needed to support a physician’s opinion that an employee is disabled from work. 7

The term “disability” is defined as the incapacity, because of an employment injury, to earn the wages the employee was receiving at the time of the injury. 8 Disability is, thus, not synonymous with physical impairment, which may or may not result in an incapacity to earn wages.9 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. 10

The Board will not require OWCP to pay compensation for disability in the absence of any medical evidence 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. 11

ANALYSIS

The Board finds that appellant has not met her burden of proof to establish disability from work for the period October 12 through November 22, 2024 causally related to her accepted April 9, 2024 employment injury.

In support of her claim for compensation, appellant submitted medical reports from unidentifiable healthcare providers dated May 1 through December 3, 2024. The Board has held that reports that are unsigned or bear an illegible signature lack proper identification and cannot be considered probative medical evidence as the author cannot be identified as a physician. 12 Thus, these reports are insufficient to establish appellant’s disability claim.

6
V.H., Docket No. 18-1282 (issued April 2, 2019); Amelia S. Jefferson, 57 ECAB 183 (2005); William A.
Archer, id.
7
G.P., Docket No. 23-1133 (issued March 19, 2024); Dean E. Pierce, 40 ECAB 1249 (1989).
8
20 C.F.R. § 10.5(f); S.T., Docket No. 18-0412 (issued October 22, 2018); Cheryl L. Decavitch, 50 ECAB 397 (1999).
9
G.T., Docket No. 18-1369 (issued March 13, 2019); Robert L. Kaaumoana, 54 ECAB 150 (2002).
10
See 20 C.F.R. § 10.5(f); N.M., Docket No. 18-0939 (issued December 6, 2018).
11
See C.S., Docket No. 17-1686 (issued February 5, 2019); B.K., Docket No. 18-0386 (issued September 14, 2018);
Amelia S. Jefferson, supra note 6; Fereidoon Kharabi, 52 ECAB 291, 293 (2001). 12 See V.T., Docket No. 22-1036 (issued February 13, 2025); J.E., Docket No. 22-0683 (issued November 10, 2022); M.A., Docket No. 19-1551 (issued April 30, 2020); Merton J. Sills, 39 ECAB 572, 575 (1988).

3
As the medical evidence of record is insufficient to establish disability from work for the period October 12 through November 22, 2024 causally related to her accepted April 9, 2024 employment injury, the Board finds that appellant has not met her burden of proof.

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 not met her burden of proof to establish disability from work for the period October 12 through November 22, 2024 causally related to her accepted April 9, 2024 employment injury.

ORDER

IT IS HEREBY ORDERED THAT the February 18, 2025 decision of the Office of Workers’ Compensation Programs is affirmed.

Issued: May 21, 2025
Washington, DC

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

4