United States Department of Labor

Employees’ Compensation Appeals Board

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C.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Boston, GA, Employer

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Docket No. 22-1076

Issued: December 29, 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

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On July 13, 2022 appellant, through counsel, filed a timely appeal from a June 21, 2022

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

Appellate Boards assigned Docket No. 22-1076.

On October 22, 2021 appellant, then a 56-year-old rural carrier associate, filed a traumatic 

injury claim (Form CA-1) alleging that on September 9, 2021 she injured her right hip, hand, and 

wrist when she slipped and fell back on her right hip, hand, and wrist, while in the performance of 

duty. She indicated that she notified her supervisor. On the reverse side of the claim form, 

appellant’s supervisor challenged appellant’s claim, stating that he did not recall being notified of 

the injury. He further asserted that, if she slipped, it was because she was not paying attention to 

where she was walking, and he indicated that he considered this misconduct. Appellant stopped 

work on September 29, 2021. OWCP assigned this claim OWCP File No. xxxxxx166.

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 filed an additionalForm CA-1 on October 22, 2021 alleging that on July 7, 2021

she sustained a torn meniscus in the right knee when she stepped off a bottom stair after delivering 

a package and rolled her ankle in a dog hole while in the performance of duty. OWCP assigned 

this claim OWCP File No. xxxxxx162. Appellant’s claims have not been administratively 

combined by OWCP.

By decision dated December 8, 2021, OWCP denied appellant’s traumatic injury claim in 

OWCP File No. xxxxxx166, finding that the evidence of record was insufficient to establish that 

the September 9, 2021 employment incident occurred as alleged. It concluded, therefore, that the 

requirements had not been met to establish an injury as defined by FECA.

On December 22, 2021 appellant, through counsel, timely requested a telephonic hearing 

before a representative of OWCP’s Branch of Hearings and Review, which was held on 

April 7, 2022. At the telephonic hearing, appellant related that the September 9, 2021 employment 

incident was “tied in with the other incident that was on [July 7, 2021]. I was already out for work 

from that incident.” She indicated that she sought medical attention arising from both incidents at 

the same time and that on September 9, 2021 she was “in a holding pattern” awaiting knee surgery

causally related to the July 7, 2021 employment incident.

By decision dated June 21, 2022, OWCP denied modification of its December 8, 2021, 

decision. In this decision, it referenced the prior claim, OWCP File No. xxxxxx162.

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 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, or if overlapping periods of disability are alleged, doubling 

is required.3 Herein, appellant also had a claim for a right knee injury, assigned OWCP File No. 

xxxxxx162. She also filed a traumatic injury claim for an injury sustained while “in a holding 

pattern” awaiting surgery arising from the former claim and reported that she received medical 

treatment arising from both claims at the same time. The latter claim, assigned OWCP File No. 

xxxxxx166, is the claim presently before the Board.

For a full and fair adjudication, the case must be remanded to OWCP to administratively 

combine the current case record, OWCP File No. xxxxxx166, with OWCP File No. xxxxxx162. 

On remand, OWCP shall review all relevant evidence to determine whether appellant has 

established an injury in the performance of duty. Following this and other such further 

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

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

(February2000).

3

Id.; L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket No 18-1777 (issued July 2, 2019).
3

IT IS HEREBY ORDERED THAT the June 21, 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: December 29, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board