United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

V.B., Appellant

and

U.S. POSTAL SERVICE, RICHMOND HILL 

POST OFFICE, Richmond Hill, GA, Employer

__________________________________________

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Docket No. 21-0108

Issued: June 2, 2021

Appearances: Case Submitted on the Record

Erik B. Blowers, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 2, 2020 appellant, through counsel, filed a timely appeal from a May 7, 2020 

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

Appellate Boards docketed the appeal as No. 21-0108.

 

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

On August 2, 2018 appellant, then a 59-year old postmaster, filed a traumatic injury claim 

(Form CA-1) alleging that on July 20, 2018 she sustained injury to her lower back, neck, both 

shoulders, and both hands/wrists when she was struck by a hamper while in the performance of 

duty. OWCP assigned the claim OWCP File No. xxxxxx287.2

Appellant subsequently submitted reports dated July 27, September 10 and December 18, 

2018, and January 7, 2019 from Dr. Thomas Loumeau, a Board-certified orthopedic surgeon. 

Dr. Loumeau related that appellant was hit with a hamper filled with parcels at work and she had 

numbness and tingling in both arms and both legs, as well as pain in her neck and mid and low 

back. He diagnosed cervicalgia, cervical disc degeneration, cervical spondylosis, cervical 

radiculopathy, cervical spine enthesopathy, lumbar intervertebral disc degeneration, lumbar 

spondylosis, and lumbar radiculopathy.

In a development letter dated March 20, 2019, OWCP advised appellant that additional 

factual and medical evidence was necessary to establish her claim. It requested that appellant 

submit a narrative medical report from her attending physician, which includes the physician’s 

opinion supported by a medical explanation as to how the reported employment incident caused 

or aggravated the claimed injury. OWCP afforded appellant 30 days to submit the necessary 

evidence.

By decision dated April 29, 2019, OWCP accepted that the July 20, 2018 employment 

incident occurred, as alleged, but denied appellant’s traumatic injury claim in File No. xxxxxx287

as causal relationship had not been established between a diagnosed medical condition and the 

accepted employment incident. It concluded, therefore, that the requirements had not been met to 

establish an injury as defined by FECA.

On February 7, 2020 appellant, through counsel, requested reconsideration.

In support of her reconsideration request, appellant submitted a letter dated February 5, 

2020 from Dr. Christopher Bovinet, an osteopathic physician, Board-certified in pain medicine, 

physical medicine, and rehabilitation. Dr. Bovinet stated that appellant’s July 20, 2018 injury 

caused an aggravation of her existing cervical and lumbar medical conditions.

By decision dated March 6, 2020, OWCP modified its April 29, 2020 decision, finding that 

the evidence of record established that the incident occurred as alleged, and that appellant had 

diagnosed medical conditions, but denied appellant’s claim as causal relationship had not been 

established between the diagnosed medical conditions and the accepted employment incident.

 

2 The record reflects that appellant has had several other injuries to her back, shoulders, and neck. OWCP accepted 

a February 24, 2012 traumatic injury claim for lumbar and cervical sprain, and bilateral sprains of the shoulders, upper 

arms, and rotator cuff, under OWCP File No. xxxxxx554. On February 18, 2016 it expanded the acceptance of 

appellant’s claim to include lumbar and cervical spondylosis with radiculopathy, and lumbar intervertebral disc 

displacement. On July 25, 2017 appellant filed a notice of recurrence (Form CA2a) alleging that on March 30, 2017 

she sustained a recurrence of disability causally related to her February 24, 2012 employment injury. OWCP 

converted the recurrence claim to an occupational disease claim (Form CA-2) and assigned OWCP File No. 

xxxxxx785.
3

On April 13, 2020 appellant, through counsel, requested reconsideration.

In support of her reconsideration request, appellant submitted a letter dated April 10, 2020 

from Dr. Bovinet. Dr. Bovinet stated that the July 20, 2018 employment incident caused an 

aggravation of appellant’s lumbar, cervical, and bilateral shoulder and arm conditions. He stated 

that the acute injury caused appellant immediate pain and aggravation of appellant’s preexisting 

conditions. Dr. Bovinet further related that being struck by the mail cart caused severe 

compression and irritation of appellant’s spine.

By decision dated May 7, 2020, OWCP denied modification of its March 6, 2020 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 In the present claim, appellant 

alleged injuries to her back, neck, shoulders, hands, and wrists. OWCP previously accepted her 

claim for injury to her neck, back, shoulder, and arm under OWCP File No. xxxxxx554. It had 

also converted appellant’s claim for recurrence of disability under OWCP File No. xxxxxx554 into 

an occupational disease claim under OWCP File No. xxxxxx785. However, evidence pertaining 

to those files is not part of the case record presented before the Board. For a full and fair 

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

record with OWCP File No. xxxxxx554 and OWCP File No. xxxxxx785, so it can consider all 

relevant claim files and accompanying evidence in adjudicating appellant’s current traumatic 

injury claim. 

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

present claim with OWCP File No. xxxxxx554 and OWCP File No. xxxxxx785. Following this 

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

 

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

(February 2000); T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued 

November 26, 2019).

4

Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January 29, 2020). 
4

IT IS HEREBY ORDERED THAT the April 29, 2019 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: June 2, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board