United States Department of Labor

Employees’ Compensation Appeals Board

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L.F., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

North Metro, GA, Employer

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Docket No. 21-0445

Issued: June 1, 2022

Appearances: Case Submitted on the Record

Wayne Johnson, 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 3, 2021 appellant, through counsel, filed a timely appeal from an August 7, 

2020 merit decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk of 

the Appellate Boards assigned Docket No. 21-0445.

On October 24, 2012 appellant, then a 44-year-old clerk, filed a traumatic injury claim 

(Form CA-1) alleging that on October 19, 2012 she injured her left shoulder when lifting a 52-

pound sack of mail onto the scale while in the performance of duty. She stopped work on 

October 20, 2012 and returned to modified-duty work on October 24, 2012. OWCP accepted the 

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 August 7, 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

claim for left shoulder sprain and expanded the acceptance of the claim to include sprain of the 

upper arm and calcifying tendinitis of the right shoulder under OWCP File No. xxxxxx784.

Appellant stopped work again on January 14, 2013 and on August 7 and November 25, 

2013 she accepted a modified assignment as a mail processing clerk, pushing, pulling, and lifting 

up to 20 pounds.

On May 9, 2014 appellant filed a claim for compensation (Form CA-7) beginning 

April 7, 2014 for disability causally related to the accepted October 19, 2012 employment injury. 

On the accompanying time analysis form (Form CA-7a), the employing establishment indicated 

that appellant was unable to perform duties.

In a May 23, 2014 development letter, OWCP requested additional medical evidence 

supporting total disability beginning April 7, 2014. No response was received.

By decision dated July 23, 2014, OWCP denied appellant’s claim for disability for the 

period April 7 through May 3, 2014. 

In an August 14, 2014 development letter, OWCP noted that in addition to the bilateral 

shoulder conditions accepted as resulting from the accepted October 19, 2012 incident, appellant 

had other accepted and open claims for a left shoulder condition OWCP File No. xxxxxx073, a 

lumbar strain under OWCP File No. xxxxxx120, and bilateral tenosynovitis of the feet under 

OWCP File Nos. xxxxxx590 and xxxxxx974. It requested additional medical evidence in support 

of her claim for disability and afforded her 30 days to respond.

Appellant subsequently requested reconsideration of the July 23, 2014 decision on 

August 6 and November 19, 2014.

By decisions dated October 27, 2014 and January 5, 2015, OWCP denied modification of 

its July 23, 2014 decision. Appellant appealed the January 5, 2015 decision to the Board, and in 

its August 12, 2015 decision, the Board affirmed, finding that she had not established that she was 

totally disabled from work commencing April 7, 2014 due to her accepted employment-related 

injuries.3

Appellant requested reconsideration on December 28, 2015, February 7, 2017, June 12, 

2018 and OWCP denied modification of its prior decisions on February 3, 2016, May 8, 2017, and 

July 12, 2018, respectively. She appealed the July 12, 2018 decision to the Board, and in its 

October 24, 2019 decision,4the Board found the case not in posture for decision, set aside the 

July 12, 2018 decision, and remanded the case for OWCP to undertake further development.

By decision dated February 20, 2020, OWCP denied appellant’s claimed recurrence of 

disability for the period from April 7 through September 20, 2014. On March 18, 2020 appellant 

requested an oral hearing before a representative of OWCP’s Branch of Hearings and Review, 

which was held on July 1, 2020.

3 Docket No. 15-1069 (issued August12, 2015).

4 Docket No. 19-0519 (issued October 24, 2019).
3

By decision dated August 7, 2020, the hearing representative found that appellant had not 

established a recurrence of disability beginning April 7 2014 causally related to her accepted 

October 19, 2012 employment injuries.

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. 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. Herein, appellant’s prior claim under OWCP 

File No. xxxxxx073 also involves an injury to her left shoulder. For a full and fair adjudication, 

the case must be returned to OWCP to administratively combine the current case record under 

OWCP File No. xxxxxx784 with OWCP File No. xxxxxx073. This will allow OWCP to consider 

all relevant claim files and accompanying evidence in developing appellant’s current recurrence 

claim. Following this and other such further development as deemed necessary, OWCP shall issue 

a de novo decision.

IT IS HEREBY ORDERED THAT the August 7, 2020 decision of Office of Workers’

Compensation Programs is set aside and this case is remanded for further proceedings consistent 

with this order of the Board.

Issued: June 1, 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