United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

M.L., Appellant

and

U.S. POSTAL SERVICE, BERNVILLE POST 

OFFICE, Bernville, PA, Employer

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Docket No. 23-0029

Issued: May 16, 2023

Appearances: Case Submitted on the Record

Michael D. Overman, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On October 12, 2022 appellant, through counsel, filed a timely appeal from an April 21, 

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

the Appellate Boards assigned Docket No. 23-0029.

On November 15, 2020 appellant, then a 60-year-old rural carrier, filed a notice of 

recurrence (Form CA-2a) under a prior claim, assigned OWCP File No. xxxxxx332, alleging that 

she sustained a recurrence of disability commencing October 20, 2014, due to her accepted 

condition(s) under that claim. She listed the date of her prior injury as October 8, 2012, and 

indicated that, shortly after returning to light-duty work in 2014,she began to experience a gradual 

worsening of her right shoulder and cervical pain, which had never gone away. Appellant 

expressed her belief that this pain was related to her prior accepted injury “because the painful 

sensations are in the same places [and] my limitations feel the same.” However, OWCP then 

determined that appellant was actually claiming a new occupational disease , rather than a 

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.
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recurrence of disability related to the prior accepted claim, and created the present claim file, 

assigned OWCP File No. xxxxxx863. It indicated that the prior claim pertained to the medical 

condition of appellant’s right shoulder.

By decision dated February 11, 2021, OWCP accepted the established employment factors, 

including lifting and delivering mail. However, it denied her claim, finding that she had not 

submitted sufficient medical evidence to establish a diagnosed medical condition casually related 

to the accepted employment factors.

On January 28, 2022 appellant, through counsel, requested reconsideration and submitted 

additional medical evidence. 

By decision dated April 21, 2022, OWCP denied modification of its February 11, 2021 

decision.

The Board, having duly considered the 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, doubling is required.3 

OWCP found that the present claim, OWCP File No. xxxxxx863, constituted a claim for a 

new occupational right shoulder injury, rather than a claim for recurrence of disability related to 

the condition(s) accepted under OWCP File No. xxxxxx332. The Board notes that both OWCP 

File No. xxxxxx332 and OWCP File No. xxxxxx863 pertain to the medical condition of appellant’s 

right shoulder. Therefore, for a full and fair adjudication, the case shall be returned to OWCP to 

administratively combine OWCP File No. xxxxxx332 with OWCP File No. xxxxxx863. 

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

de novo decision. Accordingly,

2

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

(February 2000).

3

Id.; A.D.,Docket No. 22-0147 (issued July 1, 2022); S.G.,Docket No. 21-0396 (issued September 27, 2021); R.L., 

Docket No. 20-0901 (issued July 27, 2021); M.E.,Docket No. 21-0094 (issued May 27, 2021); L.M.,Docket No. 

19-1490 (issued January 29, 2020); L.H., Docket No. 18-1777 (issued July 2, 2019).
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IT IS HEREBY ORDERED THAT the April 21, 2022 decision of the Office of Workers’

Compensation Programs is set aside, and the case is remanded to OWCP for further proceedings 

consistent with this order of the Board.

Issued: May 16, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board