United States Department of Labor

Employees’ Compensation Appeals Board

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J.S., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

MARTINSBURG VA MEDICAL CENTER, 

Martinsburg, WV, Employer

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Docket No. 23-0311

Issued: July 11, 2023

Appearances: Case Submitted on the Record

Lisa Varughese, 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 December 19, 2022 appellant, through counsel, filed a timely appeal from a June 28, 

2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk 

of the Appellate Boards assigned the appeal Docket No. 23-0311.

On March 18, 2021 appellant, then a 47-year-old nurse, filed an occupational disease 

claim (Form CA-2) alleging that she developed symptoms in the right side of her neck, right arm,

right hand, and right shoulder blade, due to factors of her employment. She indicated that an 

injury sustained in a March 18, 2018 employment incident was aggravated by her job duties, 

specifically repositioning patients, moving beds and stretchers, pushing and pulling medical 

carts, and lifting equipment. Appellant noted that she first became aware of her condition on 

March 18, 2018, and realized its relationship to factors of her federal employment on 

March 22, 2018.

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 submitted a detailed statement describing the previous March 18, 2018 

employment incident and the development of her current symptoms which were due to the 

increased number of heavy patients she had to treat during the COVID-19 pandemic. She also 

submitted a March 18, 2021 medical report from Dr. Joshua B. Macht, a Board-certified 

internist. 

By decision dated June 16, 2021, OWCP denied appellant’s occupational disease claim,

finding that the medical evidence of record was insufficient to establish a medical condition 

causally related to the accepted employment factors. It specifically noted that appellant had a 

prior traumatic injury claim under OWCP File No. xxxxxx563, which was denied.

On June 15, 2022 appellant, through counsel, requested reconsideration. No additional 

evidence was received. 

By decision dated June 28, 2022, OWCP denied appellant’s request for reconsideration of 

the merits of the claim pursuant to 5 U.S.C. § 8128(a). It specifically referenced appellant’s 

claim under OWCP File No. xxxxxx563 and indicated that it was accepted for cervical spine 

sprain, right shoulder and upper arm strain, and aggravation of other cervical disc degeneration.

The Board, having duly considered the matter, finds that this case is not in posture for 

decision.

The record reflects that, under OWCP File No. xxxxxx563, appellant has a traumatic 

injury claim for right shoulder and cervical injuries causally related to a March 18, 2018 

employment incident.

OWCP’s procedures provide that cases should be administratively combined when 

correct adjudication depends on cross-referencing between files and where two or more injuries 

occur to the same part of the body.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 claim, under OWCP File No. xxxxxx369, appellant 

filed an occupational disease claim on March 18, 2021 alleging that she developed cervical, right 

shoulder, and right upper arm symptoms due to factors of her federal employment. She 

referenced a March 18, 2018 employment injury and alleged that her work duties worsened her 

previous traumatic injury. Appellant had filed a prior traumatic injury claim under OWCP File 

No. xxxxxx563 for right shoulder and cervical injuries causally related to a March 18, 2018 

employment incident. However, her claims have not been administratively combined by OWCP.

Therefore, for a full and fair adjudication, the Board finds that this case must be returned 

to OWCP to administratively combine OWCP File Nos. xxxxxx369 xxxxxx563, so it can review 

all of appellant’s relevant claim files in determining whether appellant has submitted sufficient 

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

(February 2000).

3

Id.; R.L., Docket No. 22-0603 (issued September 16, 2022); Order Remanding Case, T.M., Docket No. 18-0887 

(issued February 21, 2019).
3

evidence to warrant further merit review pursuant to 5 U.S.C. § 8128(a).4 Following this and 

other such further development as deemed necessary, it shall issue an appropriate decision.

IT IS HEREBY ORDERED THAT the June 28, 2022 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: July 11, 2023

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

4

See Order Remanding Case, H.B., Docket No. 20-1298 (issued November 22, 2021); see also Order Remanding 

Case, T.L., Docket No. 18-0935 (issued February 25, 2020).