United States Department of Labor

Employees’ Compensation Appeals Board

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E.P., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Hamilton, NJ, 

Employer

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Docket No. 21-1154

Issued: October 18, 2022

Appearances: Case Submitted on the Record

Russel Uliase, 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

JAMES D. McGINLEY, Alternate Judge

On July 26, 2021 appellant, through counsel, filed a timely appeal from a February 8, 2021 

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

Appellate Boards docketed the appeal as No. 21-1154.

On September 25, 2019 appellant, then a 68-year-old mail processor, filed an occupational 

disease claim (Form CA-2) alleging that she developed neck, bilateral shoulder conditions and 

bilateral carpal tunnel syndrome due to factors of her federal employment, including significant 

lifting above the shoulders, lifting trays and reaching to key mail. She noted that she first became 

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

aware of her conditions on September 23, 2016 and realized their relation to her federal 

employment on September 9, 2019. OWCP assigned the claim File No. xxxxxx177.2

The medical evidence of record included diagnostic reports from 2016 and a September 9, 

2019 report from Dr. Laura E. Ross, an osteopath and orthopedic surgeon. Dr. Ross provided an 

impression of exacerbation of cervical spine degenerative disc disease, high-grade partial tear of 

the subscapularis tendon of the right shoulder, post-traumatic acromioclavicular joint arthrosis 

with impingement syndrome of the bilateral shoulders, and moderate right carpal tunnel syndrome, 

all of which she opined were causally related to appellant’s work duties as a mail processing clerk 

over a course of 25 years. Dr. Ross concluded that appellant sustained a high-grade partial tear of 

the subscapularis tendon of the right shoulder as a direct result of the repetitive stress required of 

her position. She also indicated that surgery was needed.

By decision dated March 12, 2020, OWCP denied the claim, finding that the evidence of 

record was insufficient to establish a medical condition causally related to the accepted factors of 

her federal employment.

By letter dated March 26, 2020, appellant, through counsel, requested an oral hearing

before a representative of OWCP’s Branch of Hearings and Review. During the telephonic 

hearing, held on July 7, 2020, counsel placed emphasis on the significance of Dr. Ross’

September 9, 2019 report.

By decision dated August 26, 2020, OWCP’s hearing representative affirmed OWCP’s 

March 12, 2020 decision.

On August 28, 2020 OWCP administratively combined the current claim with OWCP File 

No. xxxxxx594, with File No. xxxxxx594 serving as the master file.

On November 10, 2020 appellant, through counsel, requested reconsideration.

In an October 30, 2020 report, Dr. Ross noted appellant’s work history beginning in 1993.

She concluded that, based on the history provided regarding appellant’s work-related duties, the 

cumulative effects of her duties directly resulted in the repetitive injuries that she sustained.

By decision dated February 8, 2021, OWCP summarily denied modification of its 

August 26, 2020 decision. 

The Board, having duly considered this matter, concludes that this case is not in posture 

for decision.

Section 8124(a) of FECA provides that OWCP shall determine and make a finding of fact 

and make an award for or against payment of compensation.

3

 Its regulations at 20 C.F.R. § 10.126 

provide that the decision of the Director of OWCP shall contain findings of fact and a statement 

2 Appellant has a prior claim for an occupational disease under OWCP File No. xxxxxx594, alleging that she 

sustained a right rotator cuff tear to due factors of her federal employment as of September 23, 2016. 

3

5 U.S.C. § 8124(a).
3

of reasons.4 As well, OWCP’s procedures provide that the reasoning behind OWCP’s evaluation 

should be clear enough for the reader to understand the precise defect of the claim and the kind of 

evidence which would overcome it.5

In the February 8, 2021 decision, OWCP summarily denied modification of its August 26, 

2020 decision without explaining its findings regarding the medical evidence submitted in OWCP 

File Nos. xxxxxxx177 and xxxxxx594 relevant to appellant’s current claim. The Board, therefore,

finds that OWCP did not discharge its responsibility to set forth findings of fact and a clear 

statement of reasons explaining the disposition so that appellant could understand the basis for the 

decision.6 This case must, therefore, be remanded to OWCP to provide detailed reasons for 

accepting or rejecting the claim.

Accordingly, the Board will set aside the February 8, 2021 decision and remand the case 

for OWCP to review the evidence and argument in support of appellant’s reconsideration request, 

make findings of fact, and provide a statement of reasons for its decision, pursuant to the standards 

set forth in section 5 U.S.C. § 8124(a) and 20 C.F.R. § 10.126. After any further development as 

OWCP deems necessary, it shall issue a de novo decision.

4

20 C.F.R. § 10.126.

5 Federal (FECA) Procedure Manual, Part 2 --Claims, Disallowances,Chapter 2.1400.5 (February 2013).

6

See D.M., Docket No. 22-0329 (issued July 1, 2022); A.J., Docket No. 21-0944 (issued March 23, 2022); S.S.,

Docket No. 20-1351 (issued February 15, 2022).
4

IT IS HEREBY ORDERED THAT the February 8, 2021 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: October 18, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board