United States Department of Labor

Employees’ Compensation Appeals Board

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H.S., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

BOSTON HOME & COMMUNITY-BASED 

SERVICES, BROCKTON CAMPUS, 

Brockton, MA, Employer

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Docket No. 22-1206

Issued: December 5, 2023

Appearances: Case Submitted on the Record

Marc Levy, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On August 18, 2022 appellant, through counsel, filed a timely appeal from a July 27, 2022

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

Appellate Boards assigned the appeal Docket No. 22-1206.

On October 7, 2020 appellant, then a 44-year-old pharmacy technician, filed an 

occupational disease claim (Form CA-2) alleging that she developed major depressive disorder 

with anxiety as a result of factors of her federal employment. She attributed her emotional 

condition to bullying/harassment and unwanted touching by R.V., a coworker and former romantic 

partner. Appellant reported R.V.’s harassing actions to the police, employing establishment 

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

management, and the Equal Employment Opportunity Commission, (EEOC) but asserted that 

there was no action taken by these entities, which she felt was erroneous. She also attributed her 

condition to the actions of C.W., a friend of R.V. and a pharmacist, who retaliated by requiring her

to repeatedly replicatemedications,by blamingher for missing notes, reportingher for intoxication 

at work, and for mistakes in entering patient information.

On October 21, 2020 the employing establishment advised that appellant’s contentions 

might be duplicative of her allegations made under OWCP File Nos. xxxxxx784 and xxxxxx787. 

By decision dated March 2, 2022, OWCP denied appellant’s emotional condition claim, 

finding that the evidence of record was insufficient to establish that she experienced the 

employment factors alleged to have caused the injury. It concluded therefore that the requirements 

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

On May 9, 2022 appellant, through counsel, requested reconsideration and submitted

additional factual and medical evidence.

By decision dated July 27, 2022, OWCP denied modification of its March 2, 2022 decision.

The Board has duly considered this matter and concludes that the case is not in posture for 

decision.

OWCP’s procedures provide that cases should be administratively combined when a new 

injury is reported for an employee who previously filed a claim for a similar injury, and further 

indicates that the cases should be administratively combined as soon as the need to do so becomes 

apparent.2

Herein, appellant’s claim under OWCP File No. xxxxxx784 also involves an emotional 

condition, based on allegations that she developed stress due in part to sexual harassment by R.V. 

Appellant also filed an occupational disease claim in OWCP File No. xxxxxx787 alleging that she 

developed stress due to the actions of her supervisor, and she most recently filed a traumatic injury 

claim in OWCP File No. xxxxxx581 alleging sexual harassment by another coworker, M.M. 

Therefore, for full and fair adjudication, this case must be remanded to OWCP to administratively 

combine OWCP File Nos. xxxxxx581, xxxxxxx784, xxxxxx787, and xxxxxx840. This will allow 

OWCP to consider all the relevant claim files and accompanying evidence in developing 

appellant’s current compensation claim. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision regarding her emotional condition claim.

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c)(1) 

(February2000); seeOrder Remanding Case, J.W., Docket Nos. 21-0588 &21-0599 (issued January 21, 2022); Order 

Remanding Case, R.R., Docket No. 20-0911 (issued October 30, 2020); Raymond W. Thomas, Docket No. 01-545 

(issued June 25, 2002).
3

IT IS HEREBY ORDERED THAT the July 27, 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 5, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board