United States Department of Labor

Employees’ Compensation Appeals Board

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K.W., Appellant

and

U.S. POSTAL SERVICE, BEAR POST OFFICE,

Bear, DE, Employer

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Docket No. 22-0951

Issued: January 26, 2023

Appearances: Case Submitted on the Record

Thomas R. Uliase, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On June 6, 2022 appellant, through counsel, filed a timely appeal from a December 29, 

2021 merit decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk of 

the Appellate Boards docketed the appeal as Docket No. 22-0951.

On May 20, 2020 appellant, then a 56-year-old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on May 16, 2020 she injured her back and left leg when pulling a large 

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 The Board notes that,following the December 29, 2021 decision, OWCP received additional evidence. 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

parcel from her truck and carrying it into a building while in the performance of duty. She stopped 

work on May 16, 2020.

By decision dated July 1, 2020, OWCP denied appellant’s traumatic injury claim. It 

accepted that the May 16, 2020 employment incident occurred, as alleged, but denied the claim 

finding that the medical evidence did not establish causal relationship between the accepted 

May 16, 2020 employment incident and her diagnosed low back conditions.

On June 22, 2021 appellant requested reconsideration of the July 1, 2020 decision and 

submitted additional evidence. 

By decision dated December 29, 2021, OWCP denied modification of its prior decision.

The Board has duly considered the matter and concludes 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 had prior traumatic injury claims for low back injuries, assigned OWCP 

File No. xxxxx2486, OWCP File No. xxxxxx923, and OWCP File No. xxxxxx838. She 

subsequently filed a May 16, 2020 traumatic injury claim for the same region of the body, assigned 

OWCP File No. xxxxx4486, which is the claim presently before the Board. Therefore, for a full 

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

case record, OWCP File No. xxxxxx4486, with OWCP File Nos. xxxxxx2486, xxxxxx923, and 

xxxxxx838. Following this and such further development as OWCP deems necessary, it shall 

issue a de novo decision. Accordingly,

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

(February2000).

4

Id.; A.D., Docket No. 22-0147 (issued July 1, 2022); 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

IT IS HEREBY ORDERED THAT the December 29, 2021 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: January 26, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board