United States Department of Labor

Employees’ Compensation Appeals Board

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H.F., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Bunkie, LA, Employer

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Docket No. 21-0114

Issued: December 2, 2021

Appearances: Case Submitted on the Record

Joanne M. Wright, 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 November 3, 2020 appellant, through his representative, filed a timely appeal from a 

September 24, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards assigned Docket No. 21-0114. 

On April 20, 2012 appellant, then a 58-year-old city carrier, filed an occupational disease 

claim (Form CA-2) alleging that he injured his back while in the performance of duty. He noted 

that he first became aware of his condition and its relationship to his federal employment on 

August 27, 2010.

2 Appellant stopped work on April 20, 2012. On April 12, 2013OWCPaccepted 

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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 OWCP assigned the present claim OWCP File No. xxxxxx671. Appellant has prior claims, including an 

occupational disease claim filed on March 2, 2013 under OWCP File No. xxxxxx102. In that claim, he alleged that 

he sustained pain in his feet due to factors of his federal employment. On April 8. 2013 OWCP accepted that claim 

for bilateral plantar fibromatosis. It has administratively combined OWCP File Nos. xxxxxx102and xxxxxx671, with 

File No. xxxxxx671 designated as the master file. On September 26, 2016 appellant filed a traumatic injury claim 

(Form CA-1) alleging that on August 9, 2016 she sustained injuries to her arm, leg and back. OWCP assigned that 

claim OWCP File No. xxxxxx202 and accepted it for lumbar sprain. 
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the claim for lumbar sprain, lumbosacral spondylosis without myelopathy, and lumbar spinal 

stenosis. On September 16, 2014 it expanded the acceptance of his claim to include displacement

of lumbar intervertebral disc without myelopathy, thoracic or lumbosacral neuritis or radiculitis 

not otherwise specified, and acquired spondylolisthesis. OWCP paid appellant wage-loss 

compensation for total disability from work on the supplemental rolls as of December 18, 2012

and on the periodic rolls as of June 2, 2013. 

On December 29, 2015 appellant returned to a modified-duty city carrier position, working 

two hours per day. OWCP paid him wage-loss compensation for six hours per day for the period

December 29, 2015 through August 19, 2016 on the supplemental rolls. 

On September 26, 2016 appellant filed a claim for compensation (Form CA-7) for 

disability from work for the period February 29 through September 16, 2016. By decision dated 

November 22, 2016, OWCP denied appellant’s claim for wage-loss compensation for the period 

commencing August 22, 2016, finding that the medical evidence of record was insufficient to 

establish disability during the claimed period due to the accepted employment injury. 

Appellant filed additional Form CA-7 claims for wage-loss compensation for disability 

from work during the period August 22, 2016 through January 6, 2017. 

Appellant, through his representative,subsequently submitted requests for reconsideration. 

By decisions dated February 21, 2017, February 22, 2018, and May 16, 2019, OWCP denied 

modification. It noted in its May 16, 2019 decision that appellant’s claim under OWCP File No. 

xxxxxx202 would be referred for doubling and routine handling.3

On July 24, 2019 appellant, through his representative, requested reconsideration. By

decision dated December 2, 2019, OWCP modified in part and vacated in part its May 16, 2019 

decision, finding that the evidence of record was sufficient to authorize payment for six hours per 

day during the period August 22, 2016 through January 6, 2017 for a total of 600 hours of LWOP. 

On December 3, 2019 it issued an amended decision to reflect that the authorized payment of 

compensation for the period August 22, 2016 through January 6, 2017 would be issued a loss of 

wage-earning capacity (LWEC) determination.

On June 26, 2020 appellant, through his representative, requested reconsideration of the 

December 3, 2019 decision. By decision dated September 24, 2020, OWCP denied modification 

of its December 3, 2019 decision.

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

decision. Under its procedures, OWCP has determined that cases should be administratively 

combined where a new injury case is reported for an employee who previously filed an injury 

claim for the same part of the body and where correct adjudication depends on cross-referencing 

3 To date, OWCP has not administratively combined OWCP File Nos. xxxxxx671 and xxxxxx202.
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between files.4 This will allow OWCP to consider all relevant claim files in developing this 

schedule award claim.5

As OWCP File No. xxxxxx202 also involves a claim for injury to appellant’s back, for a

full and fair adjudication, the Board will remand the case to OWCP to administratively combine

the case records for File Nos. xxxxxx671 and xxxxxx202. Following this and other such further 

development as deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the September 24, 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: December 2, 2021

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

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

(February2000). See alsoOrder Remanding Case, M.W., 20-1221 (issued July 6, 2021).

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Id.