United States Department of Labor

Employees’ Compensation Appeals Board

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D.C., Appellant

and

U.S. POSTAL SERVICE, FDR POST OFFICE, 

PARCEL POST ANNEX, New York, NY, 

Employer

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Docket No. 19-0100

Issued: June 3, 2019

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On October 17, 2018 appellant, through counsel, filed a timely appeal from a 

September 21, 2018 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards docketed the appeal as No. 19-0100. 

On April 11, 2017 appellant, then a 56-year-old parcel post carrier, filed an occupational 

disease claim (Form CA-2) alleging that repetitive heavy lifting, pulling, and pushing while in the 

performance of duty caused a right2rotator cuff tear and bursitis of the right shoulder. He noted 

 

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 The April 11, 2017 claim form alleged a left shoulder injury. However, appellant’s accompanying statement and 

the additional evidence of record demonstrate that his claim pertained to the right shoulder and the claim has been 

developed by OWCP as a right upper extremity claim.
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that he first became aware of his condition on June 22, 2015 and realized its relation to his federal 

employment on April 10, 2017. OWCP assigned File No. xxxxxx718.

Appellant had previously filed an occupational disease claim alleging injury to his left 

shoulder on or before June 22, 2015. OWCP accepted that claim, assigned OWCP File No. 

xxxxxx140, for “bursitis of the left shoulder (rotator cuff tear).”

In a narrative statement submitted in support of his claim, appellant explained that he had 

been off work from June 22, 2015 through January 31, 2016 and had returned to full-duty work on 

February 1, 2016. Following his return to work, he experienced discomfort in both shoulders and 

the right side of his back. Appellant attributed the development of his right shoulder symptoms to 

overuse as he had been favoring his left shoulder due to his injury in OWCP File No. xxxxxx140.

By decision dated July 10, 2017, OWCP accepted that the work events occurred as 

appellant had alleged. However, it denied his claim, finding that the medical evidence of record 

was insufficient to establish causal relationship between those tasks and his diagnosed right 

shoulder conditions.

On July 31, 2017 appellant, through counsel, requested a telephonic hearing before an 

OWCP hearing representative, held on January 5, 2018. During the hearing, appellant asserted 

that he sustained a consequential right shoulder injury in the performance of duty as he had 

overused his right arm to compensate for his injured left shoulder which had been accepted in File 

No. xxxxxx140. By decision dated February 23, 2018, the hearing representative affirmed the 

prior denial of the occupational disease claim.

Appellant requested reconsideration. By decision dated September 21, 2018, OWCP 

denied modification of the prior decision finding that the evidence submitted was insufficient to 

establish causal relationship between the diagnosed right shoulder conditions and the accepted 

employment factors. 

The Board has duly considered the matter and concludes 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.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 Both claims filed by 

appellant relate to claimed cumulative employment injuries to his shoulders and he has further 

alleged that his current right shoulder condition is a consequential injury related to his accepted 

left shoulder conditions. As he has alleged a consequential injury to his right shoulder and the 

 

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

(February 2000).

4

Id.; K.T., Docket No. 17-0432 (issued August 17, 2018).
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medical records of the two files have not been combined as required by OWCP procedures, this 

case must be remanded.

The Board therefore finds that for a full and fair adjudication of appellant’s pending appeal 

for his right shoulder conditions, the case file shall be returned to OWCP to administratively 

combine OWCP File Nos. xxxxxx718 and xxxxxx140. Following this and other such further 

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

ORDER

IT IS HEREBY ORDERED THAT the September 21, 2018 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further action 

consistent with this order of the Board.

Issued: June 3, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board