United States Department of Labor

Employees’ Compensation Appeals Board

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R.G., Appellant

and

DEPARTMENT OF JUSTICE, DRUG 

ENFORCEMENT ADMINISTRATION, 

Newark, NJ, Employer

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Docket No. 19-1755

Issued: July 7, 2020

Appearances: Case Submitted on the Record

Michael D. Overman, for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE 

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On August 20, 2019 appellant, through counsel, filed a timely appeal from a March 25, 

2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards docketed the appeal as No. 19-1755.

On October 4, 2016 appellant, then a 56-year-old special agent, filed an occupational 

disease claim (Form CA-2) alleging that he sustained neck and back conditions due to factors of 

his federal employment including training in a variety of environments, hand to hand combat, long 

periods of sitting in a government vehicle while performing surveillance, walking, running,

apprehending “defendants,” and firearm training. He noted that he first became aware of his 

conditions on March 6, 2009 and first realized that his conditions were caused or aggravated by 

his employment on August 8, 2016. This claim was assigned by OWCP as File No. xxxxxx122.

In an August 11, 2015 personal narrative statement, appellant noted that in November 1986 

he had filed a traumatic injury claim, assigned by OWCP as File No. xxxxxx428, when he hit his 

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

head on a metal pipe while executing a search warrant; that on August 1, 1994 he filed a traumatic 

injury claim, assigned by OWCP as File No. xxxxxx488, for hurting his back while moving a file 

cabinet in the office; that in September 1999, he filed a traumatic injury claim for back pain from 

executing a search warrant in May 1996

2

; that on March 6, 2009 he filed a traumatic injury claim,

assigned by OWCP as File No. xxxxxx808, for upper extremity pain due to reaching into the back 

seat area while in a government vehicle; and that on October 4, 2012 he filed a traumatic injury 

claim, assigned by OWCP as File No. xxxxxx658, regarding back pain he developed from sitting 

in a government vehicle for an extended period of time.

By decision dated April 20, 2017, OWCP denied appellant’s occupational disease claim in 

File No. xxxxxx122, finding that the medical evidence of record was insufficient to establish 

causal relationship between appellant’s diagnosed conditions and the accepted factors of his 

federal employment.3

On May 19, 2017 appellant, through counsel, requested an oral hearing which was held on

August 17, 2017.

By decision dated October 30, 2017, a hearing representative set aside the May 12, 2017 

OWCP decision and remanded the case for further development of the medical record. 

Following further development, by decision dated February 6, 2018, OWCP again denied 

appellant’s occupational disease claim, finding that the medical evidence of record was insufficient 

to establish causal relationship between appellant’s diagnosed conditions and his accepted factors 

of federal employment. 

On February 13, 2018 appellant, through counsel, requested an oral hearing. By decision 

dated April 18, 2018, a hearing representative set aside and remanded the case for further 

development of the medical record. The hearing representative also instructed that on remand 

OWCP should administratively combine File Nos. xxxxxx122, xxxxxx658, and xxxxxx808.4

By decision dated August 14, 2018, OWCP denied appellant’s occupational disease claim 

finding that the medical evidence of record was insufficient to establish causal relationship 

between his diagnosed conditions and the accepted factors of his federal employment.

On August 21, 2018 appellant, through counsel, requested an oral hearing which was held 

on January 15, 2019. 

By decision dated March 25, 2019, a hearing representative affirmed the August 14, 2018 

decision.

The Board, having duly considered the matter, finds that the case is not in posture for 

decision. OWCP’s procedures provide that cases should be administratively combined when

correct adjudication depends on cross-referencing between files and when two or more injuries 

 

2 The Board notes that no OWCP file could be located for this claim. 

3 On May 12, 2017 OWCP reissued its April 20, 2017 decision, as it had not been mailed to appellant. 

4 The case record as presented to the Board does not contain a combined case record.
3

occur to the same part of the body.5 As the claims in the following OWCP files all involve 

appellant’s back and neck/upper extremities, OWCP File Nos. xxxxxx428, xxxxxx488, 

xxxxxx808, xxxxxx658, and xxxxxx122 must be administratively combined for a full and fair 

adjudication of appellant’s present claim. This will allow OWCP to consider all relevant claim 

files and accompanying evidence in developing appellant’s current occupational disease claim. 

Accordingly, the Board will remand the case to OWCP to administratively combine the 

case records for OWCP File Nos. xxxxxx428, xxxxxx488, xxxxxx808, xxxxxx658, and 

xxxxxx122. Additional OWCP files involving appellant’s back and neck/upper extremities, if any,

should also be administratively combined with the aforementioned OWCP files. Following this 

and other such development as deemed necessary, OWCP shall issue a de novo merit decision. 

IT IS HEREBY ORDERED THAT the March 25, 2019 decision of the Office of 

Workers’ Compensation Programs is set aside and this case is remanded for further proceedings 

consistent with this order of the Board.

Issued: July 7, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

 

5 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) 

(February 2000).