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U. S. DEPARTMENT OF LABOR

 

Employees’ Compensation Appeals Board

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In the Matter of LESLIE W. WILLIAMS and DEPARTMENT OF AGRICULTURE,

Dexter, MO

 

Docket No. 00-104; Submitted on the Record;

Issued September 18, 2000

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DECISION and ORDER

 

Before   DAVID S. GERSON, A. PETER KANJORSKI,

VALERIE D. EVANS-HARRELL

 

 

            The issue is whether appellant established that he sustained an injury in the performance of duty on April 27, 1998.

            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 June 24, 1999 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 June 24, 1999 decision of the Office of Workers’ Compensation Programs is hereby affirmed.

Dated,  Washington, DC

            September 18, 2000

 

 

 

 

                                                                                                            David S. Gerson

                                                                                                            Member

 

 

 

 

                                                                                                            A. Peter Kanjorski

                                                                                                            Alternate Member

 

 

 

 

                                                                                                            Valerie D. Evans-Harrell

                                                                                                            Alternate Member


     [1] In order to determine whether an employee sustained a traumatic injury in the performance of duty, the Office begins with an analysis of whether “fact of injury” has been established.  Generally, fact of injury consists of two components that must be considered in conjunction with one another.  The first component to be established is that the employee actually experienced the employment incident that is alleged to have occurred. Elaine Pendleton, 40 ECAB 1143 (1989).  The second component is whether the employment incident caused a personal injury.  John J. Carlone, 41 ECAB 354 (1989).  In the instant case, appellant failed to meet his burden of demonstrating that his claimed low back condition is causally related to the April 27, 1998 employment incident.