United States Department of Labor

Employees’ Compensation Appeals Board

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M.H., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, VA

MEDICAL CENTER, New York, NY, Employer

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Docket No. 21-0250

Issued: January 11, 2022

Appearances: Case Submitted on the Record

Paul Kalker, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On December 8, 2020 appellant filed a timely appeal from a September 15, 2020 merit

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

Boards docketed the appeal as No. 21-0250.

On November 13, 2018 appellant, then a 70-year-old registered nurse, filed a traumatic 

injury claim (Form CA-1) alleging that on October 5, 2018 she aggravated a preexisting right 

shoulder condition whenpushing a wheelchair while in the performance of duty.2 She did not stop 

work.

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 has a previously accepted February 14, 2000 traumatic injury claim for cervical strain with 

radiculopathy under OWCP File No. xxxxxx610. She also filed a prior claim for a December 10, 2014 traumatic 

injury to her right shoulder and chest under OWCP File No. xxxxxx009, which OWCP denied. Appellant’s claims 

have not been administratively combined.
2

By decision dated September 17, 2019, OWCP accepted that the October 5, 2018 incident 

occurred as described. However, it denied appellant’s traumatic injury claim, finding that the

medical evidence of record was insufficient to establish a causal relationship between the accepted

employment incident and her diagnosed medical conditions. 

On July 2, 2020 appellant, through counsel, requested reconsideration of the September 17, 

2019 decision. 

By decision dated September 15, 2020, OWCP denied modification of its prior decision.

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.3 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. 4 Herein, appellant’s claims 

under OWCP File Nos. xxxxxx610 and xxxxxx009 also involved injuries to the right shoulder 

and/or neck, which are at issue in the present claim under OWCP File No. xxxxxx615. For a full 

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

case record with OWCP File Nos. xxxxxx610 and xxxxxx009, so it can consider all relevant claim 

files and accompanying evidence in adjudicating appellant’s current traumatic injury claim.5

Following this and other such further development as OWCP deems necessary, it shall 

issue a de novo decision. 

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

(February2000).

4

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,

Docket No 18-1777 (issued July 2, 2019).

5

Supra note 3 at Chapter 2.400.8(c)(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 

18-1558, 18-1568 (issued June21, 2019).
3

IT IS HEREBY ORDERED THAT the September 15, 2020 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: January 11, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board