United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.B., Appellant 

and 

U.S. POSTAL SERVICE, BASKING RIDGE 

POST OFFICE, Basking Ridge, NJ, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 14-1390 

Issued: November 24, 2014 

Appearances: Case Submitted on the Record

Thomas R. Uliase, for the appellant

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On June 2, 2014 appellant, through counsel, filed a timely appeal from a March 14, 2014 

merit decision of the Office of Workers’ Compensation Programs (OWCP) affirming the 

termination of her compensation benefits and finding that she had no continuing disability due to 

her accepted employment injury. The Board docketed the appeal as No. 14-1390. 

On prior appeal, by order dated February 27, 2013,1

 the Board found that the case was 

not in posture for a decision noting that the current OWCP File No. xxxxxx217, involved 

appellant’s occupational disease claim for carpal tunnel syndrome. The Board further found that 

in both the March 20 and July 30, 2012 decisions, OWCP’s hearing representatives noted at the 

oral hearing that appellant had a separate claim for traumatic injury to her right hand sustained 

on June 20, 2010 and suggested their intention to review that record prior to issuing the 2012 

decision addressing the period of disability. The Board directed OWCP to combine the relevant 

case files and issue de novo decisions on appellant’s claim. 

On remand, OWCP did not combine appellant’s files and did not issue de novo decisions 

regarding periods of disability. It proceeded to terminate his medical and compensation benefits 

effective May 9, 2013. An OWCP hearing representative considered this decision on March 14, 

 1 Order Remanding Case, Docket No. 12-1722 (issued February 27, 2013). 
2

2014 and affirmed the termination and further found that appellant had not established any 

period of disability or medical residuals on or after May 9, 2013. 

The Board, having reviewed the case record, finds that the case is not in posture for 

decision. The Board has final authority to determine questions of law and fact. The Board’s 

determinations are binding upon OWCP and must, of necessity, be so accepted and acted upon 

by the Director of OWCP.2 Otherwise there would be no finality of decisions, the whole appeals 

procedure would be nullified and questions would remain moot.3

Accordingly, as OWCP failed to follow the Board’s directive in its February 27, 2013 

order to combine appellant’s claim and as it did review and evaluate evidence found in OWCP 

File No. xxxxxx217, the case must be remanded to OWCP for the action described in the 

Board’s February 27, 2013 decision. Following this and any further development deemed 

necessary, OWCP should issue de novo decisions regarding appellant’s periods of disability and 

continuing benefits. 

IT IS HEREBY ORDERED THAT the March 14, 2014 decision of the Office of 

Workers’ Compensation Programs is revised and remanded for further proceeding consistent 

with this order of the Board. 

Issued: November 24, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 2 E.C., Docket No. 14-588 (issued July 1, 2014); Frank W. White, 42 ECAB 696 (1991) (The Board’s order in a 

prior appeal imposed an obligation on the Director to take particular actions as directed). 

3 Id.