United States Department of Labor

Employees’ Compensation Appeals Board

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S.A., Appellant

and

U.S. POSTAL SERVICE, OAK PARK POST 

OFFICE, Oak Park, MI, Employer

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Docket No. 23-0184

Issued: July 17, 2023

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 November 18, 2022 appellant, through counsel, filed a timely appeal from an

October 31, 2022 merit decision of the Office of Workers’Compensation Programs (OWCP). The 

Clerk of the Appellate Boards assigned Docket No. 22-0184 to the appeal.

On December 31, 2002 appellant, then a 43-year-old letter carrier, filed a traumatic injury

claim (Form CA-1) alleging that on that date she stepped onto a porch and experienced a sharp 

pain on her left side, from her lower back down to her foot, and fell while in the performance of 

duty.

2

 Appellant did not stop work. OWCP accepted her claim for left knee contusion and 

temporary aggravation of pre-existing degenerative disc disease.

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 authoritie s for investigation.

2 OWCP assigned the present claim OWCP File No. xxxxxx801. Appellant subsequently filed an August 28, 2008 

traumatic injury claim under OWCP File No. xxxxxx515 for an injury to her left knee and both palms, which OWCP 

processed as a short form closure. Additionally, it denied a November 6, 2013 occupational disease claim under 

OWCP File No. xxxxxx594for bilateral foot conditions, finding that the claim was untimely filed. Appellant’s claims 

have not been administratively combined by OWCP.
2

On March 2, 2020 appellant filed a claim for compensation (Form CA-7) for a schedule 

award. By decision dated April 16, 2020, OWCP denied appellant’s claim for a schedule award. 

On April 24, 2020 appellant, through counsel, requested a telephonic hearing before a 

representative of OWCP’s Branch of Hearings and Review, which was held on August 12, 2020. 

By summary decision dated August 21, 2020, OWCP’s hearing representative set aside the 

April 16, 2020 decision and remanded the case for further medical development.

By de novo decision dated May 20, 2022, OWCP again denied appellant’s claim for a 

schedule award. In its decision, it referenced “a contusion in 2002 and 2008.”

On May 25, 2022 appellant, through counsel, requested a telephonic hearing before a 

representative of OWCP’s Branch of Hearings and Review, which was held on August 18, 2022. 

By decision dated October 31, 2022, OWCP’s hearing representative affirmed the May 20, 2022 

decision. 

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 Herein, appellant filed a traumatic 

injury claim on December 31, 2002, assigned OWCP File No. xxxxxx801, which was accepted for 

left knee contusion and temporary aggravation of preexisting degenerative disc disease and is the 

claim presently before the Board. She subsequently filed two claims for left lower extremity 

conditions, assigned OWCP File Nos. xxxxxx515 and xxxxxx594.

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

combine the current case record, OWCP File No. xxxxxx801, with OWCP File Nos. xxxxxx515

and xxxxxx594, so it can review all appellant’s relevant claim files in determining whether 

appellant has submitted sufficient evidence to establish that she sustained permanent impairment 

to a scheduled member due to an accepted condition. Following this and such further development 

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

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

(February 2000).

4

Id.; 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).
3

IT IS HEREBY ORDERED THAT the October 31, 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 17, 2023

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