United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.D., Appellant

and

DEPARTMENT OF THE ARMY, ANNISTON 

ARMY DEPOT, Anniston, AL, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 19-1585

Issued: October 9, 2020

Appearances: Case Submitted on the Record

Lauren Shine, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On July 11, 2019 appellant, through counsel, filed a timely appeal from a January 17, 2019 

merit decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk of the 

Appellate Boards docketed the appeal as No. 19-1585.

On July 11, 2012 appellant, then a 39-year-old materials handler, filed an occupational 

disease claim (Form CA-2) alleging that he developed left elbow neuritis due to factors of his 

federal employment, including repetitive typing. He noted that he first became aware of his 

condition and realized it was causally related to his federal employment on June 21, 2012. 

Appellant did not initially stop work. On August 8, 2012 OWCP accepted the claim for lesion of 

 

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 Appellant timely requested oral argument before the Board. 20 C.F.R. § 501.5(b). Given the disposition by the 

Board in this order, oral argument is denied. 
2

the left ulnar nerve and assigned the current claim File No. xxxxxx724. On August 29, 2012 

appellant underwent release of the left ulnar nerve at the cubital tunnel.

The record reflects that appellant has a prior December 16, 2005 traumatic injury claim, 

which was accepted for left shoulder strain, left shoulder tendinitis, and left carpal tunnel syndrome 

(CTS) under OWCP File No. xxxxxx108.3 Appellant also filed an occupational disease claim in 

2009 which was accepted for right CTS under OWCP File No. xxxxxx383.4

Under the present claim, OWCP File No. xxxxxx724, the employing establishment offered 

appellant a modified assignment as a security clerk on March 8, 2017 and he resumed work on 

April 17, 2017. On October 18, 2017 appellant stopped work alleging that he was unable to use 

his hands. On October 24, 2017 he submitted a claim for compensation for wage loss (Form CA7) for disability beginning October 29, 2017.

By decision dated December 7, 2017, OWCP denied appellant’s compensation claim for 

disability beginning October 29, 2017. On January 3, 2018 he requested a review of the written 

record by a representative of OWCP’s Branch of Hearings and Review.

On December 18, 2017 appellant returned to his modified position. On April 4, 2018 he

filed a claim for compensation for lost wages from April 4 to 18, 2018 under OWCP File No. 

xxxxxx724.5 OWCP developed the claim as a recurrence of disability beginning April 4, 2018.

By decision dated April 18, 2018 a representative of the Branch of Hearings and Review 

affirmed the decision dated December 7, 2017.

By decision dated May 17, 2018, OWCP denied appellant’s claim for a recurrence of 

disability commencing April 4, 2018 under File No. xxxxxx724. On June 9, 2018 appellant,

through counsel, requested an oral hearing before an OWCP hearing representative.6

By decision dated January 17, 2019, an OWCP hearing representative affirmed the decision 

dated May 17, 2018.

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

 

3 The record reveals that OWCP File No. xxxxxx108 is combined with OWCP File No. xxxxxx664 and OWCP 

File No. xxxxxx383 with OWCP File No. xxxxxx108 designated as the master file. These claims are not in the record 

before the Board. 

4 This claim is not in the record before the Board.

5 On April 10, 2018 appellant also filed a claim for wage-loss compensation benefits under OWCP File No. 

xxxxxx108 for the same period. 

6 By decision dated August 10, 2018, OWCP denied appellant’s claim for wage-loss compensation for disability 

for the period April 4 to 18, 2018 under File No. xxxxxx108. Appellant requested an oral hearing. By decision dated 

December 18, 2018, an OWCP hearing representative affirmed the April 10, 2018 decision.
3

occur to the same part of the body.7 As the claims in the following OWCP files all involve 

appellant’s bilateral upper extremities, OWCP File Nos. xxxxxx724, xxxxxx108, xxxxxx664, and 

xxxxxx383,

8

the Board finds that they 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.

As appellant has pursued compensation benefits under OWCP File Nos. xxxxxx724 and 

xxxxxx108 for the same period of wage loss, there are medical reports and factual information that 

bear directly on the matter before OWCP in File Nos. xxxxxx108, xxxxxx664, and xxxxxx383. 

While the record currently before the Board does contain some medical records from the other 

files, it does not contain all of the relevant medical and factual evidence upon which the Board 

could adjudicate appellant’s present claim. 

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

case records for OWCP File Nos. xxxxxx724, xxxxxx108, xxxxxx664 and xxxxxx383. Additional 

OWCP files involving appellant’s bilateral 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.

 

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

(February 2000).

8 The Board notes that, in these claims, OWCP granted schedule awards for total 34 percent permanent impairment 

of the left arm in File No. xxxxxx724; 24 percent permanent impairment of the left arm in File No. xxxxxx108; and 2 

percent permanent of the right arm in File No. xxxxxx383. 
4

IT IS HEREBY ORDERED THAT the January 17, 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: October 9, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board