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U. S. DEPARTMENT OF LABOR

 

Employees’ Compensation Appeals Board

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In the Matter of EVA R. TRAVIS and U.S. POSTAL SERVICE,

POST OFFICE, Cleveland, OH

 

Docket No. 98-2503; Submitted on the Record;

Issued May 15, 2000

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DECISION and ORDER

 

Before   MICHAEL E. GROOM, BRADLEY T. KNOTT,

A. PETER KANJORSKI

 

 

            The issue is whether appellant has met her burden of proof in establishing that she sustained a recurrence of disability on or about January 2, 1997, causally related to her January 26, 1988 employment-related injury.

            The Board has given careful consideration to the issue involved, appellant’s contentions on appeal and the entire case record.  The Board finds that the decision of the hearing representative of the Office of Workers’ Compensation Programs, dated July 15, 1998, is in accordance with the facts and the law in this case, and hereby adopts the findings and conclusions of the Office hearing representative.[1]

            The decision of the Office of Workers’ Compensation Programs dated July 15, 1998 is hereby affirmed.

Dated,  Washington, D.C.

            May 15, 2000

 

 

 

 

                                                                                                            Michael E. Groom

                                                                                                            Alternate Member

 

 

 

 

                                                                                                            Bradley T. Knott

                                                                                                            Alternate Member

 

 

 

 

                                                                                                            A. Peter Kanjorski

                                                                                                            Alternate Member


     [1] When an employee, who is disabled from the job she held when injured on account of employment-related residuals, returns to a light-duty position, or the medical evidence of record establishes that she can perform the light-duty position, the employee has the burden of establishing by the weight of the reliable, probative and substantial evidence a recurrence of total disability and show that she cannot perform such light duty.  As part of this burden, the employee must show a change in the nature and extent of the employment-related condition or a change in the nature and extent of the light-duty job requirements.  Mary A. Howard, 45 ECAB 646 (1994); Terry R. Hedman, 38 ECAB 222 (1986).  In the instant case, appellant has failed to establish either a change in the nature and extent of her light-duty assignment or a change in the nature and extent of her accepted employment-related condition.