United States Department of Labor

Employees’ Compensation Appeals Board

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O.W., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

NEBRASKA/WESTERN IOWA HEALTHCARE 

SYSTEM, Grand Island, NE, Employer

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Docket Nos. 21-1391 & 21-1392

Issued: May 26, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 22, 2021 appellant, through counsel, filed a timely appeal from an April 12, 

2021 merit decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP 

File No. xxxxxx875. The Clerk of the Appellate Boards docketed that appeal as No. 21-1391. 

Also on September 22, 2021 appellant, through counsel, filed a timely appeal from a May 27, 2021 

merit decision of OWCP under OWCP File No. xxxxxx542. The Clerk of the Appellate Boards 

docketed that appeal as No. 21-1392.

On February 28, 2020 appellant, then a 61-year-old housekeeping aid,filed an occupational 

disease claim (Form CA-1) alleging that he sustained damaged nerves in his vertebrae due to 

factors of his federal employment including the continuous motion of the stripping machine. He 

noted that he first became aware of his condition on April 27, 2019 and realized its relation to his 

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

federal employment on November 27, 2019. OWCP assigned that claim OWCP File No. 

xxxxxx879.

Subsequently, on April 30, 2020 appellant, then a 61-year-old environmental engineer, 

filed an occupational disease claim (Form CA-2) alleging that he developed bilateral carpal tunnel 

syndrome (CTS) due to factors of his federal employment, including using a vibrating floor 

scrubber to strip and wax floors. He noted that he first became aware of his condition on June 19, 

2019 and realized its relation to his federal employment on October 1, 2019. OWCP assigned that 

claim OWCP File No. xxxxxx542.

Later, on March 1, 2021 appellant, then a 62-year-old hospital housekeeping management 

worker, filed Form CA-2 alleging pinched nerves in his vertebrae causally related to factors of his 

federal employment, including years of repetitive motions when waxing floors. He noted that he 

first became aware of his condition and realized its relation to his federal employment on

November 11, 2019. OWCP assigned that claim OWCP File No. xxxxxx875.

By decision dated April 6, 2020, OWCP denied appellant’s claim in OWCP File No. 

xxxxxx879, finding that the evidence of record was insufficient to establish that the alleged 

employment factors occurred as described. It noted that he had not responded to the development 

questionnaire. 

By decisions dated July 2 and September 16, 2020, and May 27, 2021, OWCP denied 

appellant’s occupational disease claim in OWCP File No. xxxxxx542, finding that he had not 

submitted evidence establishing causal relationship between his diagnosed medical conditions and 

the accepted factors of his federal employment. 

By decision dated April 12, 2021, OWCP denied appellant’s claim in OWCP File No. 

xxxxxx875, finding that the evidence of record was insufficient to establish that the alleged 

employment factors occurred as described. It concluded, therefore, that the requirements had not 

been met to establish an injury as defined by FECA.

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.2 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.3

In the present claims, appellant alleged injuries due to the same factors of federal 

employment. However, appellant’s claims have not been administratively combined. For a full 

and fair adjudication of appellant’s claims, the case must be remanded to OWCP to 

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

(February2000); T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued 

November 26, 2019).

3

Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M.,Docket No. 19-1490 (issued January 29, 2020).
3

administratively combine OWCP File Nos. xxxxxx875, xxxxxx879, and xxxxxx542 so it can 

consider all relevant claim files and accompanying evidence in adjudicating appellant’s claims. 

Following this and other such further development as deemed necessary, OWCP shall issue a 

de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the April 12, 2021 decision of the Office of Workers’

Compensation Programs under OWCP File No. xxxxxx875 and the May 27, 2021 merit decision 

of OWCP under OWCP File No. xxxxxx542 are set aside and this cases are remanded for further 

proceedings consistent with this order of the Board.

Issued: May 26, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board