United States Department of Labor

Employees’ Compensation Appeals Board

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C.V., Appellant

and

U.S. POSTAL SERVICE, BUSHWICK POST

OFFICE, Brooklyn, NY, Employer

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Docket No. 23-0913

Issued: December 4, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On June 20, 2023 appellant filed a timely appeal from a December 20, 2022 merit decision 

of the Office of Workers’Compensation Programs (OWCP).1 The Clerk of the Appellate Boards 

assigned the appeal Docket No. 23-0913.

On August 17, 2009appellant, thena 30-year-old part time flexible carrier, filed a traumatic 

injury claim (Form CA-1) alleging that on that date she injured her lower back and knees lifting a 

relay bag in the performance of duty. She stopped work on that date. OWCP accepted the claim 

1 Pursuant to the Board’s Rules of Procedure, an appeal is considered filed when received by the Clerk of the 

Appellate Boards. 20 C.F.R. § 501.3(f). However, when the date of receipt would result in a loss of appeal rights, the 

appeal will be considered to have been filed as of the date of the U.S. Postal Service postmark or other carriers date 

markings. Id. at § 501.3(f)(1). The 180th day following the December 20, 2022decision wasJune 18, 2023. As this 

fell on a Sunday, and the following day, Monday, June19, 2023, was a Federal holiday, appellant had until the next 

business day, Tuesday, June 20, 2023 to file the appeal. 20 C.F.R. § 501.3(f)(2). Because using June22, 2023, the 

date the appeal was received by the Clerk of the Appellate Boards, would result in the loss of appeal rights, the date 

of the postmark is considered the date of filing. The date of the U.S. Postal Service postmark is Tuesday June20, 

2023, rendering the appeal timely filed. See 20 C.F.R. § 501.3(f)(1).
2

for sprain of the lumbar spine, bilateral knee and leg sprains, and thoracic or lumbosacral neuritis.

2

 

It paid wage-loss compensation on the supplemental rolls beginning October 2, 2009 and on the 

periodic rolls beginning December 20, 2009.

By decision dated December 20, 2022, OWCP terminated appellant’s wage-loss 

compensation and medical benefits effective that date, based on the opinion Dr. Kevin White, a 

Board-certified orthopedic surgeon serving as an impartial medical examiner (IME).

The Board, having duly considered this matter, finds 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 case files and when two 

or more injuries occur to the same part of the body.

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 In the instant case, OWCP File No. xxxxxx145, appellant filed a 

traumatic injury claim for sprain of the lumbar spine and thoracic or lumbosacral neuritis. The 

Board notes that her prior claim under OWCP File No. xxxxxx769 also involved a claim for 

lumbosacral sprain. OWCP relied on the opinion of Dr. White, the IME, in justifying its 

termination decision. However, it had not administratively combined OWCP File Nos. xxxxxx145 

and xxxxxx769. 

Once OWCP accepts a claim and pays compensation, it has the burden of proof to justify 

termination or modification of benefits.5 As OWCP did not administratively combine the files 

prior to the termination, the Board finds that it failed to meet its burden of proof.

2 OWCP assigned the present claim OWCP File No. xxxxxx145. Appellant has a previously -accepted 

December 19, 2008 traumatic injury claim for lumbosacral sprain and right shoulder strain under OWCP File No. 

xxxxxx769. 

3 Order Remanding Case, M.J., Docket No. 22-1357 (issued June 12, 2023); Order Remanding Case, L.B., Docket 

No. 21-0241 (issued October 28, 2021); Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance & 

Management, Chapter 2.400.8c (February 2000).

4

Id.

5 D.G., Docket No. 19-1259 (issued January 29, 2020); S.F., 59 ECAB 642 (2008); KellyY. Simpson, 57 ECAB 197 

(2005); Paul L. Stewart, 54 ECAB 824 (2003).
3

IT IS HEREBY ORDERED THAT the December 20, 2022 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: December 4, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board