United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.C., Appellant

and

U.S. POSTAL SERVICE, TOMBSTONE POST 

OFFICE, Tombstone, AZ, Employer

__________________________________________

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Docket No. 22-1220

Issued: February 7, 2023

Appearances: Case Submitted on the Record

Stephanie Leet, Esq. for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On August 12, 2022 appellant, through her counsel, filed a timely appeal from a 

February 17, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards docketed the appeal as No. 22-1220.

On May 17, 2021 appellant, then a 60-year-old sales and service distribution associate, 

filed an occupational disease claim (Form CA-2), alleging that she developed left knee joint space 

narrowing, arthritis, and grinding as a result of overcompensation from a prior work-related right 

knee injury.

2

 She noted that she first became aware of her condition on April 27, 2021 and realized 

its relation to her federal employment on May 11, 2021.

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. xxxxxx157. Appellant has a prior occupational disease claim 

(Form CA-2), filed on April 25, 2021, alleging that she tore her right knee meniscus due to factors of her federal 

employment. OWCP accepted this claim for right knee unilateral primary osteoarthritis and assigned OWCP File 

No. xxxxxx731. 
2

In support of her claim, appellant submitted medical evidence dated January 15, 2019

through May 11, 2021.

By decision dated August 18, 2021, OWCP denied appellant’s claim, finding that the 

medical evidence of record was insufficient to establish causal relationship between her diagnosed 

condition and the accepted factors of her federal employment. 

On September 10, 2021 appellant requested an oral hearing before a representative of 

OWCP’s Branch of Hearings and Review. The hearing was held on December 3, 2021. 

By decision dated February 17, 2022, the hearing representative affirmed OWCP’s 

August 18, 2021 decision. The representative, however, recommended that OWCP 

administratively combine the current claim with appellant’s prior claim for a work-related right 

knee condition under OWCP File No. xxxxxx731.

The Board, having duly considered this matter, finds that this case is not in posture for 

decision. 

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

adjudication depends on frequent cross-referencing between files and where two or more injuries 

occur to the same part of the body.3 This will allow OWCP to consider all relevant claim files in 

developing this schedule award claim.4 In the present claim, appellant alleged a work-related left 

knee arthritic condition due to overcompensation from her accepted right knee injury. As noted, 

she has a prior occupational disease claim under OWCP File No. xxxxxx731 for a right knee 

condition, and OWCP’s hearing representative, by decision dated February 17, 2022,

recommended that her claims be administratively combined. To date, appellant’s prior claim has 

not been administratively combined with the present claim. Therefore, for a full and fair 

adjudication, the case must be remanded to OWCP to administratively combine OWCP File Nos. 

xxxxxx731 and xxxxxx157. On remand OWCP shall review all relevant evidence to determine 

whether the medical evidence of record is sufficient to establish causal relationship between her 

diagnosed condition and the accepted factors of her federal employment. Following this and other 

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

Accordingly, 

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

(February 2000).

4

Id.
3

IT IS HEREBY ORDERED THAT the February 17, 2022 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: February 7, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy 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