United States Department of Labor

Employees’ Compensation Appeals Board

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H.C., Appellant

and

U.S. POSTAL SERVICE, LEWISBURG POST 

OFFICE, Lewisburg, OH, Employer

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Docket No. 23-0607

Issued: September 14, 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

JAMES D. McGINLEY, Alternate Judge

On March 21, 2023 appellant, through counsel, filed a timely appeal from a February 23, 

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

the Appellate Boards assigned the appeal Docket No. 23-0607. 

On October 1, 2020 appellant, then a 48-year-old rural carrier, filed an occupational disease 

claim (Form CA-2) alleging that she experienced pain between her shoulders caused by what she 

believed to be herniated discs and disc protrusions, which were due to factors of her federal 

employment. She noted that she first became aware of her condition and realized its relation to 

her federal employment on July 20, 2020. On the reverse side of the claim form, appellant’s 

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

supervisor noted that, at the time of the claim, appellant was working with restrictions due to her 

accepted bilateral shoulder conditions under OWCP File No. xxxxxx954.

2

By decision dated November 17, 2020, OWCP denied the present claim, finding that the 

evidence of record was insufficient to establish that the diagnosed medical conditions were 

causally related to the “accepted work event(s)” with regard to a July 20, 2020 work-related 

exposure. By decision dated March 11, 2022, it modified the denial of the claim to find that the 

evidence of record was insufficient to establish the alleged employment factors, as the evidence 

was unclear as to what factors of employment appellant was claiming to have caused her medical 

conditions. Appellant subsequently requested reconsideration. By decision dated June 30, 2022, 

OWCP denied appellant’s request for reconsideration, pursuant to 5 U.S.C. § 8128(a). 

Appellant again requested reconsideration. By decision dated February 23, 2023, OWCP 

denied modification of its prior decision.

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 of the issues depends on frequent cross-referencing between case 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

Under OWCP File No. xxxxxx954 OWCP accepted bilateral shoulder conditions. As the 

present claim also involves shoulder conditions, the Board finds that the claims must be 

administratively combined for a full and fair adjudication. Consolidation of the case files prior to 

the final decision would allow OWCP to consider all relevant claim files and accompanying 

evidence in developing appellant’s present claim.

Accordingly, the Board will remand the case for OWCP to administratively combine

OWCP File No. xxxxxx954 with the present claim. Following this and other such further 

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

2 Appellant had filed a notice of occupational disease (Form CA-2) on April12, 2019 alleging left shoulder pain 

and pain between the shoulder blades. OWCP assigned that claim OWCP File No. xxxxxx954 and accepted it for: 

incomplete rotator cuff tear or rupture of left shoulder, not specified as traumatic; other specified disorders of tendon, 

right shoulder aggravation; superior glenoid labrum lesion of right shoulder aggravation; primary osteoarthritis, right 

shoulder aggravation; sprain of left rotator cuff capsule; primary osteoarthritis left shoulder aggravation; and adhesive 

capsulitis of right and left shoulders. 

3 K.R., Docket No. 20-0911 (issued October 30, 2020); R.R.,Docket No. 19-0368 (issued November 26, 2019); 

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

(February 2000).

4

Id.
3

IT IS HEREBY ORDERED THAT the February 23, 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 14, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board