United States Department of Labor

Employees’ Compensation Appeals Board

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G.H., Appellant

and

U.S. POSTAL SERVICE, SOUTH SUBURBAN

VEHICLE MAINTENANCE FACILITY, 

Bedford Park, IL, Employer

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Docket No. 21-1277

Issued: July 28, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER GRANTING REMAND

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On August 21, 2021 appellant filed a timely appeal from a March 29, 2021 merit decision 

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

assigned Docket No. 21-1277.

On December 14, 2016 appellant, then a 62-year-old general clerk, filed a traumatic injury

claim (Form CA-1) alleging that on December 12, 2016 she sustained injury to her neck, back, 

shoulders, and legs, including both knees and feet, when she slipped on ice and fell to the ground 

while in the performance of duty. She did not stop work and did not receive any wage-loss 

1 The Board notes that, following the March 29, 2021 decision, appellant submitted additional evidence to 

OWCP. However, the Board’s Rules of Procedures 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

compensation. After development of the evidence, OWCP accepted appellant’s claim for strains 

of muscle, fascia, and tendon of the neck and lower back.2

OWCP determined that there was a conflict in the medical opinion evidence between the 

opinion of Dr. Michael Morgenstern, an attending Board-certified orthopedic surgeon, and the 

opinion of Dr. Kenechukwu Ugokwe, a Board-certified neurosurgeon serving as an OWCP district 

medical adviser on the issue of whether appellant sustained a consequential injury related to her 

accepted December 12, 2016 employment injury.3In a December 28, 2020 report, Dr. Bryan Neal, 

a Board-certified orthopedic surgeon serving as an impartial medical specialist, determined that 

appellant did not sustain any additional injuries as a consequence of her accepted December 12, 

2016 employment injury.

By decision dated March 29, 2021, OWCP denied appellant’s consequential injury claim. 

It found that the special weight of the medical opinion evidence rested with the opinion of Dr. Neal.

On January 3, 2022 the Director of OWCP filed a motion to remand with the Clerk of the 

Appellate Boards. The Director indicated that, in accordance with the Board’s prior order in 

Docket No. 21-0416,4 and in light of the need to make cross-references amongappellant’s multiple

files, which involve injuries to the same parts of the body, the present matter must be remanded to 

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

claim for consequential injuries.5 The Director requested that the March 29, 2021 decision be set 

aside and that, on remand, OWCP further develop the evidence to include administrative 

2 Under a separate claim, assigned OWCP File No. xxxxxx379, OWCP accepted that appellant fell from a chair to 

the floor and sustained a December 12, 2005 traumatic injury in the form of a lumbar strain, lumbago, thoracic sprain, 

and back contusion. It only paid her for visits to attending physicians in connection with that claim. Under OWCP 

File No. xxxxxx725, OWCP accepted that appellant fell to the ground on an icy surface and sustained a February 7, 

2008 traumatic injury,which it accepted for neck and lumbar sprains. Appellantstopped work on the date of injury 

and returned to light-duty work on January 26, 2009 on a full-time basis. In connection with this claim, OWCP granted 

her a schedule award on October 26, 2010 for three percent permanent impairment of each upper extremity and four 

percent permanent impairment of each lower extremity. Under OWCP File No. xxxxxx060, OWCP accepted that, by 

March 2017, appellant had sustained the occupational diseases of bilateral carpal tunnel syndrome, radial styloid 

tenosynovitis, and cervical radiculopathy. Appellantdid not stop work under that claim.

3

In a June 3, 2020 report, Dr.Morgenstern determined that appellant sustained several lower extremity conditions, 

in addition to the conditions already accepted, which were sustained as a consequence of her accepted December 12, 

2016 employment injury. In contrast, Dr.Ugokwe found in a July 10, 2020 report that appellant did not sustain any 

additionalinjuries as a consequence of her accepted December 12, 2016 employment injury.

4

In a November 8, 2021 order remanding case, issued in connection with a schedule award issue, the Board had 

directed OWCP to administratively combine OWCP File Nos. xxxxxx379 and xxxxxx417 with OWCP File Nos. 

xxxxxx725 and xxxxxx060. OWCP File No. xxxxxx060 was to be designated as the master file. Order Remanding 

Case, Docket No. 21-0416 (issued November 8, 2021). It is noted that on October 23, 2020 OWCP had 

administratively combined OWCP File Nos. xxxxxx725 and xxxxxx060 and designated OWCP File No. xxxxxx060 

as the master file.

5 The Director cited M.O., Docket No. 20-0821 (issued January 26, 2021), which references Federal (FECA) 

Procedure Manual, Part 2 --Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000).
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combination of all of appellant’s relevant files pertaining to the present matter, with OWCP File 

No. xxxxxx060 designated as the master file.6

The Board, having duly considered this matter, grants the Director’s motion. On remand, 

OWCP shall further develop the evidence to include administrative combination of all of 

appellant’s relevant files pertaining to the present matter, with OWCP File No. xxxxxx060 

designated as the master file. After this and such further additional development deemed 

necessary, OWCP shall issue a de novo decision regarding her consequential injury claim.

IT IS HEREBY ORDERED THAT the March 29, 2021 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: July 28, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

6 As noted above, the relevant files are OWCP File Nos. xxxxxx417, xxxxxx379, xxxxxx725, and xxxxxx060.