United States Department of Labor

Employees’ Compensation Appeals Board

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D.W., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Struthers, OH, Employer

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Docket No. 22-0948

Issued: September 13, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On June 7, 2022 appellant filed a timely appeal from a May 23, 2022 merit decision of the

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

assigned the appeal Docket No. 22-0948.

On September 28, 2019 appellant, then a 59-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on August 26, 2019 he injured his right foot when descending 

steps while in the performance of duty.2 He stopped work on that date.

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 OWCP assigned the present claim OWCP File No. xxxxxx661. Appellant has a previously accepted traumatic 

injury claim for an October 1, 2014 contusion and fracture of the closed metatarsal bones, right foot, under OWCP 

File No. xxxxxx223. His claims have not been administratively combined by OWCP.
2

By decision dated November 22, 2019, OWCP accepted that the August 26, 2019 

employment incident occurred as alleged. However, it denied appellant’s traumatic injury claim, 

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

diagnosed conditions and the accepted August 26, 2019 employment incident. 

On August 21, 2020 appellant, through counsel, requested reconsideration and submitted 

additional evidence. 

By decision dated September 21, 2021, OWCP denied modification of its November 22, 

2019 decision. 

On February 22, 2022 appellant, through counsel, requested reconsideration of the 

September 21, 2021 decision and submitted additional evidence.

By decision dated May 23, 2022, OWCP denied modification of its September 21, 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.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’s claim 

under OWCP File No. xxxxxx223 also involved injuries to the right foot. Therefore, for a full and 

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

case record with OWCP File No. xxxxxx223.

5

 Following this and other such further development 

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

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

(February 2000).

4

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., 

Docket No 18-1777 (issued July 2, 2019).

5

Supra note 3 at Chapter 2.400.8c(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 18-

1558, 18-1568 (issued June 21, 2019).
3

IT IS HEREBY ORDERED THAT the May 23, 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: September 13, 2023

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