United States Department of Labor

Employees’ Compensation Appeals Board

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T.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Charlotte, NC, Employer

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Docket No. 23-0550

Issued: September 19, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 13, 2023 appellant, through counsel, filed a timely appeal from a February 10, 

2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of 

the Appellate Boards assigned the appeal Docket No. 23-0550.

On September 3, 2020 appellant, then a 53-year-old mail handler, filed a traumatic injury 

claim (Form CA-1) alleging that on August 26, 2020 she sustained an injury to her rightshoulder 

and neck when reaching out of the window to put mail in a mailbox while in the performance of 

duty. On the reverse side of the claim form, her supervisor, E.M., challenged the factual basis of 

her claim. Appellant stopped work on August 27, 2020. OWCP assigned the instant claim OWCP 

File No. xxxxxx142.

Appellant had previously filed a Form CA-1 for a right shoulder injury sustained on 

July 15, 2017, which OWCP denied. OWCP assigned this prior claim OWCP File No. xxxxxx565. 

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

She subsequently filed a Form CA-1 for a neck, back, and bilateral shoulder injury sustained on 

September 16, 2022, which OWCP accepted for thoracic spondylosis, lumbar spondylosis with 

radiculopathy, lumbar spondylolisthesis, cervical radiculopathy, and cervical hypolordosis, under 

OWCP File No. xxxxxx757. 

By decision dated October 15, 2020, under OWCP File No. xxxxxx142, OWCP denied the 

present claim, finding that appellant had not established a diagnosed medical condition in 

connection with the accepted August 26, 2020 employment incident.

2

Appellant requested reconsideration on September 29, 2021. By decision dated 

December 22, 2021, OWCP denied modification of the October 15, 2020 decision. In its decision, 

it referred to appellant’s prior claim under OWCP File No. xxxxxx565.3

On November 21, 2022 appellant requested reconsideration. By decision dated 

February 10, 2023, OWCP modified its December 22, 2021 decision, finding that a medical 

diagnosis had been provided. However, the claim remained denied as the medical evidence of 

record was insufficient to establish causal relationship between the diagnosed condition and the 

accepted August 26, 2020 employment incident.

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.4 For example, if a 

new injury case is reported for an employee who previously filed an injury claim for a similar 

condition, doubling is required.5 Herein, appellant has additional claims involving right shoulder

conditions under OWCP File Nos. xxxxxx565 and xxxxxx757. She filed a claim for a traumatic

injury to the right shoulder and neck on September 3, 2020, under the present claim, OWCP File 

No. xxxxxx142.

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

combine the current case record, OWCP File No. xxxxxx142, with OWCP File Nos. xxxxxx565

and xxxxxx757. On remand, OWCP shall review all relevant evidence to determine whether 

appellant has established an injury in the performance of duty under the present claim. Following 

2 Appellant requested an oral hearing before a representative of OWCP’s Branch of Hearings and Review on 

November 15, 2020. By decision dated December 4, 2020, it denied her request as it was not filed within 30 days of 

the October 15, 2020 decision.

3 On July 5, 2022 appellant appealed to the Board. By order dated July 29, 2022, the Board dismissed the appeal 

as untimely filed. Order Dismissing Appeal, Docket No. 22-1062 (issued July 29, 2022).

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

(February 2000).

5

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

this and other such further development as deemed necessary, OWCP shall issue a de novo 

decision. Accordingly,

IT IS HEREBY ORDERED THAT the February 10, 2023 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 19, 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