United States Department of Labor

Employees’ Compensation Appeals Board

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J.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Olathe, KS, Employer

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Docket No. 20-0788

Issued: April 20, 2022

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 February 26, 2020 appellant, through counsel, filed a timely appeal from a January 30, 

2020 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards assigned Docket No. 20-0788.2

On July 14, 2017 appellant, then a 58-year-old city letter carrier technician, filed an 

occupational disease claim (Form CA-2) alleging that he developed a sprain of the left upper arm, 

bicipital tenosynovitis, and partial tear of his left rotator cuff due to factors of his federal 

employment, including overuse and repetitive and continuous motions of the left upper extremity.

He noted that he first became aware of his condition and its relation to his federal employment on 

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 January 30, 2020 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

May 12, 2017. OWCP assigned the claim OWCP File No. xxxxxx472. In an attached narrative 

statement, appellant noted that he had a prior claim for an employment-related left shoulder injury 

from 2012 under OWCP File No. xxxxxx809, which was accepted by OWCP for sprain of the left 

shoulder, partial rotator cuff tear, and left bicipital tenosynovitis.3

On December 12, 2018 OWCP accepted appellant’s claim under OWCP File No. 

xxxxxx472 for full thickness tear of the left supraspinatus tendon. 

On May 2, 2019 appellant filed claims for compensation (Form CA-7) for intermittent 

periods of disability from August 19 through December 16, 2017.

By decision dated August 20, 2019, OWCP denied appellant’s disability claims for the 

periods September 12 through December 16, 2017.4 

On August 26, 2019 appellant, through counsel, requested an oral hearing from an OWCP 

hearing representative. A hearing was held on December 10, 2019. Appellant testified at the oral 

hearing and asserted that his claim for compensation was due to missed work for physical therapy, 

to limit his hours, or to limit his work-related stressors.

By decision dated January 30, 2020, OWCP’s hearing representative affirmed OWCP’s 

August 20, 2019 denial of appellant’s claimed periods of disability. The hearing representative 

acknowledged appellant’s companion claim under OWCP File No. xxxxxx809

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 depends on frequent cross-referencing between files and when two or more 

injuries occur to the same part of the body.5 As the instant claim under OWCP File No. xxxxxx472 

and the previously accepted claim under OWCP File No. xxxxxx809 both involve injuries to 

appellant’s left shoulder, these claims must be administratively combined for a full and fair 

adjudication of his present claim. This will allow OWCP to consider all relevant claim files and 

accompanying evidence in developing his current claim for disability.

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

File Nos. xxxxxx809 and xxxxxx472. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

3 OWCP, in its October 19, 2017 decision denying appellant’s claim, noted that under OWCP File No. xxxxxx809 

he had filed a notice of recurrence (Form CA-2a) on June 15, 2017. It informed him that as he had filed an 

occupational disease claim in OWCP File No. xxxxxx472 on July 14, 2017 no further action would be taken in OWCP 

File No. xxxxxx809.

4

It authorized payment of compensation for 48.33 hours of wage loss from August19 through September 15, 2017.

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

(February2000).
3

IT IS HEREBY ORDERED THAT the January 30, 2020 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: April 20, 2022

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