United States Department of Labor

Employees’ Compensation Appeals Board

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A.W., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Chicago, IL, 

Employer

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Docket No. 20-1151

Issued: November 28, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On May 4, 2020 appellant filed a timely appeal from a March 23, 2020 merit decision of 

the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards 

assigned Docket No. 20-1151.

2

On August 5, 2019 appellant, then a 54-year-old mail handler, filed an occupational disease 

claim (Form CA-2) alleging that she aggravated her conditions of left-sided plantar fibromatosis 

and chronic lumbar strain with lumbar disc degeneration due to factors of her federal employment, 

including walking or standing on hard surfaces and sitting for prolonged periods irritated her. She 

1 Appellant also filed an untimely appeal of a June 13, 2019 merit decision in OWCP Master File No. xxxxxx346, 

denying her claim for recurrence of disability. As more than 180 days elapsed from OWCP’s last merit decision in

Master File No. xxxxxx346, dated June 13, 2019, to the filing of this appeal, pursuant to the Federal Employees’

Compensation Act (FECA), 5 U.S.C. § 8101 et seq., and 20 C.F.R. §§501.2(c) and 501.3, the Board lacks jurisdiction 

over the merits of that claim.

2 The Board notes that appellant submitted additional evidence on appeal. However, the Board’s Rules of Procedure

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.”

20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first time on 

appeal. Id.
2

indicated that she first became aware of her condition on May 17, 2010 and realized its relation to 

her federal employment on May 1, 2019. In an accompanying statement, appellant noted that she 

had been previously diagnosed with plantar fasciitis and sciatica due to her work duties of walking 

and standing on hard surfaces and pushing and pulling heavy mail carts. 3

In an August 21, 2019 development letter, OWCP advised appellant of the deficiencies of 

her claim. It requested additional factual and medical evidence and provided a questionnaire for 

her completion. OWCP afforded appellant 30 days to respond. No additional evidence was 

received.

By decision dated October 22, 2019, OWCP denied appellant’s occupational disease claim 

finding that the medical evidence of record was insufficient to establish causal relationship 

between her diagnosed conditions and the accepted factors of her federal employment.

On November 15, 2019 appellant requested a review of the written record by a 

representative of OWCP’s Branch of Hearings and Review.

By decision dated March 23, 2020, OWCP’s hearing representative affirmed the 

October 22, 2019 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 depends on cross-referencing between files and when two or more injuries occur to 

the same part of the body.4 Herein, appellant’s claims under OWCP File Nos. xxxxxx631,

xxxxxx346, and xxxxxx296 all involve injuries to appellant’s left foot and/or back. For a full and 

fair adjudication, the case must be remanded to OWCP to administratively combine the current 

case record with OWCP File Nos. xxxxx346 and xxxxxx296. Following this and other such further 

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

3 Appellant has an accepted claim for left plantar fibromatosis and degeneration of lumbar disc under OWCP File 

No. xxxxxx346 and an accepted claim for lumbar degenerative disc disease and sciatica under OWCP File No. 

xxxxxx296. These claims have been administratively combined, with the former serving as the master file. 

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

(February2000).
3

IT IS HEREBY ORDERED THAT the March 23, 2020 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: November 28, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board