United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

E.C., Appellant

and

U.S. POSTAL SERVICE, MANASOTA 

PROCESSING & DISTRIBUTION CENTER, 

Sarasota, FL, Employer

__________________________________________

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Docket No. 22-0116

Issued: July 20, 2022

Appearances: Case Submitted on the Record

Wayne Johnson, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On November 1, 2021 appellant, through counsel, filed a timely appeal from an August 19, 

2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the 

Federal Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board 

has jurisdiction over the merits of this case.3

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

5 U.S.C. § 8101 et seq.

3 The Board notes that, following the issuance of the August 19, 2021 decision, OWCP received additional 

evidence. However, the Board’s Rules of Procedureprovides: “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

ISSUE

The issue is whether appellant has met her burden of proof to establish disability from work 

for the period March 13, 2018 through April 20, 2019, causally related to her accepted 

February 28, 2017 employment injury.

FACTUAL HISTORY

On March 14, 2017 appellant, then a 53-year-old postal support employee, filed a traumatic 

injury claim (Form CA-1) alleging that on February 28, 2017 she developed right lumbar regional 

peripheral neuropathy/radiculopathy, which included pain, burning, and swelling in her hip, 

buttock, tailbone, lower back, and thigh that sometimes radiated to her knee and heel due to

repetitive lifting of heavy mail trays and tubs while in the performance of duty. OWCP assigned 

that claim OWCP File No. xxxxxx841. On September 17, 2019 it accepted the claim for: 

traumatic rupture of lumbar intervertebral disc, L1-2 and L3-4; intervertebral disc disorders with 

radiculopathy, lumbar region; spondylolisthesis, lumbar region; Achilles tendinitis, right and left 

legs; and trochanteric bursitis, right hip. Because the September 17, 2019 decision contained 

errors in the statement of facts, OWCP issued a corrected decision on September 26, 2019.

4

Appellant had a prior claim for a July 18, 2016 traumatic injury, which OWCP accepted 

for trochanteric bursitis, right hip, bilateral strain of Achilles tendon, and bilateral Achilles 

tendinitis under OWCP File No. xxxxxx117. By decision dated July 2, 2018, OWCP granted 

appellant a schedule award for 10 percent permanent impairment of each lower extremity. The 

period of the award ran for 57.6 weeks from March 13, 2018 through April 20, 2019. On July 25, 

2018 OWCP issued a corrected schedule award decision to correct a typographical error regarding 

the effective date of appellant’s pay rate delineated in the July 2, 2018 decision.5

On September 30, 2019 appellant filed claimsfor compensation (Form CA-7) for disability 

from work during the period July 1, 2017 through September 30, 2019 under OWCP File No.

xxxxxx841.

OWCP, in a December 12, 2019 development letter, advised appellant of the type of 

medical evidence needed to establish her claims for disability from work for the period July 1, 

2017 through September 30, 2019. It afforded her 30 days to submit the necessary evidence. 

In a September 14, 2020 letter to OWCP, appellant, through counsel, noted excessive 

delays in the issuance of her compensation payment for the period July 1, 2017 through 

September 30, 2019. Counsel requested prompt payment.

A September 24, 2020 memorandum of telephone call (Form CA-110) indicated that 

OWCP advised counsel that a compensation payment was forthcoming for the period July 1, 2017 

through March 12, 2018 and that appellant was not entitled to compensation for the period 

4 The Board notes that in its September 26, 2019 decision, OWCP treated appellant’s traumatic injury claim as an 

occupational disease claim (Form CA-2).

5 Subsequently, appellant filed a claim for an April29, 2017 traumatic injury, which OWCP accepted for other 

intervertebral disc displacement and other intervertebral disc degeneration of the thoracic region under OWCP File 

No. xxxxxx273. On September 23, 2020 OWCP administratively combined the claims assigned OWCP File Nos. 

xxxxxx841, xxxxxx117, and xxxxxx273, with OWCP File No. xxxxxx117 serving as the master file.
3

March 3, 2018 through April 20, 2019 because she had received schedule award compensation for 

10 percent permanent impairment of each leg for the period March 3, 2018 through April 20, 2019 

under OWCP File No. xxxxxx117. It then advised that she would be paid compensation for the 

period April 21 through September 30, 2019.6

In response to a congressional inquiry regarding appellant’s claim for compensation, by 

letter dated October 23, 2020, OWCP noted that it had processed a wage-loss compensation 

payment for the period July 1, 2017 to March 12, 2018 and compensation was not payable for the 

period March 13, 2018 to April 20, 2019 because appellant received schedule award compensation 

for the same body part during the claimed period of disability. It also noted that wage-loss 

compensation payments had been processed for the period April 21 to September 30, 2019.

In a January 4, 2021 letter, counsel informed OWCP that its automated payment system 

indicated that on October 30, 2020 a compensation payment was issued to appellant in the amount 

of $20,498.77 for the period July 1, 2017 to April 12, 2018. However, he cited OWCP’s 

procedures and Board precedent and contended that appellant was also entitled to wage -loss 

compensation for the period March 13, 2018 through September 30, 2019 because her claims 

under OWCP File Nos. xxxxxx117, xxxxxx841, and xxxxxx273 involved different injuries. 

By letter dated January 19, 2021, OWCP informed appellant that she could not 

concurrently receive schedule award compensation and wage-loss compensation for disability 

from work. It explained that, since she had previously received schedule award compensation for 

both lower extremities for the period March 13, 2018 through April 20, 2019 under OWCP File 

No. xxxxxx117, wage-loss compensation was not payable under OWCP File No. xxxxxx841 for 

the same period as the accepted conditions in both claims included the lower extremities. OWCP 

advised that appellant’s request for an additional schedule award had been referred to an OWCP 

district medical adviser for review in her claim under OWCP File No. xxxxxx117.

In a February 12, 2021 letter, appellant, through counsel, responded to OWCP’s

January 19, 2021 letter. Counsel again cited OWCP’s procedures and contended that appellant 

was entitled to wage-loss compensation for the entire claimed period of disability from work as 

her claims involved different body parts. He requested that OWCP issue a decision on this matter 

with appeal rights. 

By decision dated February 17, 2021, OWCPdenied appellant’s claim for disability for the 

period March 13, 2018 through April 20, 2019, finding that she could not concurrently receive 

schedule award compensation and wage-loss compensation for disability from work “for the same 

body parts.”

On March 1, 2021 appellant, through counsel, requested an oral hearing before a 

representative of OWCP’s Branch of Hearings and Review. A telephonic hearing was held on 

June 9, 2021. 

In an August 19, 2021 decision, an OWCP hearing representative affirmed the 

February 17, 2021 decision.

6 The record indicates that OWCP paid appellant wage-loss compensation on the supplemental rolls for the periods 

July 1, 2017 through March 12, 2018, April21 through May 29, 2019, and June 24 through September 30, 2019.
4

LEGAL PRECEDENT

An employee seeking benefits under FECA7 has the burden of proof to establish the

essential elements of his or her claim, including that any disability or specific condition for which

compensation is claimed is causally related to the employment injury.8 

Under FECA, the term disability means an incapacity because of an employment injury, to

earn the wages the employee was receiving at the time of the injury.9 When, however, the medical

evidence establishes that the residuals or sequelae of an employment injury are such that, from a

medical standpoint, prevent the employee from continuing in his or her employment, he or she is

entitled to compensation for any loss of wages.10

For each period of disability claimed, the employee has the burden of proof to establish

that he or she was disabled from work as a result of the accepted employment injury.11 Whether a

particular injury causes an employee to become disabled from work, and the duration of that

disability, are medical issues that must be proven by a preponderance of probative and reliable

medical opinion evidence.12

A schedule award is payable consecutively, but not concurrently, with an award for wage 

loss for disability for the same injury.13 A schedule award for one injury may be paid concurrently 

with compensation for wage loss paid for another injury, as long as the two injuries do not involve 

the same part of the body and/or extremity.

14

ANALYSIS

The Board finds that appellant has not met her burden of proof to establish disability from 

work for the period March 13, 2018 through April 20, 2019, causally related to her accepted 

February 28, 2017 employment injury.

OWCP accepted that appellant sustained: trochanteric bursitis, right hip; strain of Achilles, 

right leg; and Achilles tendinitis, left leg as a result of her July 18, 2016 traumatic injury under 

7

Supra note 2.

8

See D.S., Docket No. 20-0638 (issued November 17, 2020); F.H., Docket No. 18-0160 (issued August23, 2019); 

C.R., Docket No. 18-1805 (issued May 10, 2019); Kathryn Haggerty, 45 ECAB 383 (1994); Elaine Pendleton, 40 

ECAB 1143 (1989).

9

Id. at § 10.5(f); see e.g.,G.T., 18-1369 (issued March 13, 2019); Cheryl L.Decavitch, 50 ECAB 397 (1999).

10 G.T., id.; Merle J.Marceau, 53 ECAB 197 (2001).

11 See L.F., Docket No. 19-0324 (issued January 2, 2020); T.L., Docket No. 18-0934 (issued May 8, 2019); 

FereidoonKharabi, 52 ECAB 291, 293 (2001).

12 See 20 C.F.R. § 10.5(f); N.M., Docket No. 18-0939 (issued December 6, 2018).

13 Federal (FECA) Procedure Manual, Part 2 --Claims, Schedule Awards and Permanent Disability Claims, Chapter 

2.808.4a(3) (February 2013); see S.M., Docket No. 17-1557 (issued September 4, 2018); E.S., Docket No. 16-1248 

(issued May 15, 2017); S.W.,Docket No. 10-2071 (issued July 11, 2011).

14 Id. at Chapter 2.808.4a(5); Michael J. Biggs, 54 ECAB 595, 596-97(2003).
5

OWCP File No. xxxxxx117. Appellant received a schedule award 10 percent permanent 

impairment of each leg for the period March 13, 2018 through April 20, 2019 in OWCP File No. 

xxxxxx117. OWCP subsequently accepted that appellant sustained traumatic rupture of lumbar 

intervertebral disc, L1-2 and L3-4; intervertebral disc disorders with radiculopathy, lumbar region; 

spondylolisthesis, lumbar region; Achilles tendinitis, right and left legs; and trochanteric bursitis, 

right hip due to her February 28, 2017 occupational disease injury under OWCP File No. 

xxxxxx841.

Appellant claimed compensation for disability for the period July 1, 2017 through 

September 30, 2019 under OWCP File No. xxxxxx841. OWCP paid appellant compensation for 

disability from work during the period July 1, 2017 through April 12, 2018 and April 21 through 

September 30, 2019 and, by decision dated February 17, 2021, it denied appellant’s claim for 

wage-loss compensation for the period March 13, 2018 through April 20, 2019. In an August 19, 

2021 decision, OWCP’s hearing representative affirmed the February 17, 2021 decision.

The Board finds that wage-loss compensation claimed for the period March 13, 2018 

through April 20, 2019 due to disability from work in OWCP File No. xxxxxx841, is not payable 

as appellant was being compensated for a schedule award during that same period in OWCP File 

No. xxxxxx117 for injuries to the same body parts and/or extremities. Appellant’s claims under 

both file numbers were accepted for bilateral Achilles conditions and, thus, OWCP cannot pay 

compensation for wage-loss compensation resulting from appellant’s February 28, 2017 

employment injury concurrently with the schedule award compensation for her July 18, 2016 

employment injury.

15

On appeal counsel contends that OWCP improperly denied appellant’s claim for wage-loss 

benefits under its procedures as the claim at issue in this case involved a lumbar herniated disc 

while the claim for which appellant received schedule award compensation involved an Achilles 

tendinitis injury. As both claims were accepted for bilateral lower extremity conditions and the 

accepted lumbar radiculopathy affected these bilateral lower extremity conditions, the Board finds 

that appellant was not entitled to receive wage-loss compensation under OWCP File No. 

xxxxxx841 concurrently with schedule award compensation being paid under OWCP File No. 

xxxxxx117.16

Appellant may submit new evidence or argument with a written request for reconsideration 

to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) and 20 C.F.R. 

§§ 10.605 through 10.607.

CONCLUSION

The Board finds that appellant has not met her burden of proof to establish disability from 

work for the period March 13, 2018 through April 20, 2019, causally related to her accepted 

February 28, 2017 employment injury.

15 See supra note 14.

16 Supra note 14.
6

ORDER

IT IS HEREBY ORDERED THAT the August 19, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: July 20, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board