United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.D., Appellant

and

U.S. POSTAL SERVICE, SARASOTA MAIN 

POST OFFICE, Sarasota, FL, Employer

__________________________________________

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Docket No. 21-0850

Issued: December 6, 2021

Appearances: Case Submitted on the Record

Joanne Marie Wright, for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On May 18, 2021 appellant, through his representative filed a timely appeal from an 

April 2, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP).2 The 

Clerk of the Appellate Boards docketed the appeal as No. 21-0850.

On August 11, 2016 appellant, then a 57-year-old city carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on August 11, 2016 he was involved in a motor vehicle accident and 

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 Board notes that,following the April2, 2021 decision, OWCP received additional evidence. However, the 

Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that 

was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board

for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional 

evidence for the first time on appeal. Id.
2

sustained an injury to his chest while in the performance of duty.3 He did not stop work. On

August 22, 2016 OWCP accepted appellant’s claim for cervical spine sprain. It subsequently 

expanded the acceptance of this claim to include thoracic sprain, thorax front wall contusion, and 

cervical radiculopathy.

On November 5, 2020 appellant filed a claim for compensation (Form CA-7)for a schedule 

award due to his August 11, 2016 cervical sprain.

By decision dated December 2, 2020, OWCP granted appellant a schedule award for 24 

percent permanent impairment of his left arm and 24 percent permanent impairment of his right 

arm.

4

On January 11, 2021 appellant, requested reconsideration of the December 2, 2020 

decision and submitted additional medical evidence. By decision dated April 2, 2021, OWCP 

denied modification.

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

decision. 

OWCP’s procedures provide that cases should be administratively combined where correct 

adjudication depends on frequent cross-referencing between files and where two or more injuries 

occur to the same part of the body. Due to OWCP’s cross-referencing of the claims, for a full and 

fair adjudication, the case must be returned to OWCP to administratively combine the current case

record, OWCP File No. xxxxxx110, with OWCP File No. xxxxxx619.

5

 This will allow OWCP to 

consider all relevant claim files in developing appellant’s schedule award claim. 

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

File Nos. xxxxxx110 and xxxxxx619. Following this and other such development as deemed 

necessary, OWCP shall issue a de novo decision on appellant’s schedule award claim.

3 The present claim was assigned OWCP File No. xxxxxx110. Appellant has a prior claim for a January 25, 2010

traumatic injury, which OWCP accepted for right shoulder rotator cuff tear under OWCP File No. xxxxxx619. By 

decision dated September 30, 2016, in OWCP File No. xxxxxx619, OWCP granted appellant a schedule award for 24 

percent permanent impairment of his right arm. Appellant’s claims have not been administratively combined. 

4

It noted that appellant was previously awarded 24 percent permanent impairment of the right arm on 

September 30, 2016 under OWCP File No. xxxxxx619.

5

Id.; see R.S., Docket No. 20-1232 (issued April28, 2021).
3

IT IS HEREBY ORDERED THAT the April 2, 2021 decision of the Office of Workers’

Compensation Programs is set aside and the case is remanded to OWCP for further proceedings 

consistent with this order of the Board.

Issued: December 6, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board