United States Department of Labor

Employees’ Compensation Appeals Board

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T.J., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

SALISBURY W.G. HEFNER VETERANS 

MEDICAL CENTER, Salisbury, NC, Employer

__________________________________________

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Docket No. 21-1335

Issued: April 21, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On September 3, 2021 appellant, through counsel, filed a timely appeal from an August 11, 

2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of 

the Appellate Boards assigned Docket No. 21-1335.

On January 17, 2020 appellant, then a 53-year-old advanced medical support assistant, 

filed an occupational disease claim (Form CA-2) alleging that she developed pain and popping in 

her left shoulder2 due to factors of her federal employment, including repetitively holding the 

telephone between her ear and shoulder while typing. She noted that she first became aware 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 The Form CA-2 noted the right shoulder, but in a statement received on February 6, 2020 appellant clarified that 

it was actually the left shoulder that should have been noted on the Form CA-2. 
2

her condition on May 21, 2014 and realized its relation to her federal employment on 

July 19, 2019. Appellant did not immediately stop work. 

By decision dated April 14, 2020, OWCP denied appellant’s claim, finding thatthe medical 

evidence of record was insufficient to establish causal relationship between her diagnosed medical 

condition and the accepted factors of her federal employment.

Appellant subsequently requested reconsideration. By decisions dated October 8, 2020 

and August 11, 2021, OWCP denied modification of the April 14, 2020 decision. In both 

decisions, it referenced appellant’s prior claim under OWCP File No. xxxxxx815.

3 OWCP 

indicated that OWCP File No. xxxxxx815 remained open for medical care.

The Board has duly considered the matter and concludes that this case is not in posture for 

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

correct adjudication of the issues depends on frequent cross-referencing between files.4 For 

example, if a new injury case is reported for an employee who previously filed an injury claim for 

a similar condition or the same part of the body, doubling is required.5 In the present claim, 

appellant alleged injuries to her left shoulder. OWCP had previously accepted: sprain of the left 

shoulder and upper arm; AC impingement syndrome left shoulder;strain of unspecified muscle, 

fascia, and tendon at shoulder and upper left arm;sprain of unspecified rotator cuff capsule; and 

unspecified rotator cuff tear or rupture of left shoulder under OWCP File No. xxxxxx815. 

However, it has not administratively combined the present claim with her previously accepted 

claim pertaining to her left shoulder for which she continues to undergo treatment.

For a full and fair adjudication of appellant’s current claim, this case shall be remanded to 

OWCP to administratively combine the current case record OWCP File No. xxxxxx329 and 

OWCP File No. xxxxxx815.

6

 Following this and other such further development as OWCP deems 

necessary, it shall issue a de novo decision.7

3 OWCP File No. xxxxxx815 involves a claim for a May 21, 2014traumatic injury to appellant’s left shoulder when 

she was moving a patient while in the performance of duty. OWCP accepted: sprain of the left shoulder and upper 

arm; AC impingement syndrome left shoulder;strain of unspecified muscle, fascia, and tendon at shoulder and upper 

left arm; sprain of unspecified rotator cuff capsule, and unspecified rotator cuff tear or rupture of left shoulder. It 

authorized arthroscopic subacromial decompression on July 16, 2015 and manipulation under anesthesia on October 7, 

2015 and February 10, 2016. 

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

(February2000).

5

Id.; L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,Docket No 18-1777 (issued July 2, 2019).

6

Id.

7 R.G., Docket No. 19-1755 (issued July 7, 2020); L.M., supranote 5.
3

IT IS HEREBY ORDERED THAT the August 11, 2021 decision of the Office of 

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

consistent with this order of the Board.

Issued: April 21, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board