United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

N.B., Appellant

and

U.S. POSTAL SERVICE, PORTLAND 

PERFORMANCE CLUSTER, Portland, OR,

Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 22-0092

Issued: June 8, 2022

Appearances: Case Submitted on the Record

Daniel Goodkin, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE 

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On October 28, 2021 appellant filed a timely appeal from a September 23, 2021 merit

decision of the Office of Workers’ Compensation Programs (OWCP) in relation to OWCP File

No. xxxxxx827. The Clerk of the AppellateBoards docketed the appeal as Docket No. 22-0092.

On May 13, 2020 appellant, then a 41-year-old postal distributor, filed an occupational 

disease claim (Form CA-2) alleging that she developed an acute and chronic lumbar spine and left 

shoulder conditions due to factors of her federal employment, including repetitive lifting of large 

heavy trays of mail, and turning to load them onto a conveyor. She noted that she first became 

aware of her condition on January 4, 2018 and realized its relation to her federal employment on 

July 4, 2019. Appellant explained that she had originally filed a traumatic injury claim,

2 but that 

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 record reflects that appellant previously filed a traumatic injury claim (Form CA-1) under OWCP File No. 

xxxxxx475, alleging that on January 4, 2018 she sustained a back injury as a result of lifting a heavy package from a 

wire container while in the performance of duty. Appellantstopped work on that date. OWCP initially accepted his

claim on January 9, 2019 but rescinded its acceptance on April 23, 2019. Appellant subsequently requested 

reconsideration and on February 19, 2020 OWCP denied modification of its prior decision. 
2

her physician now believes that her injury occurred as a result of repetitive lifting and twisting 

with heavy trays of mail throughout her career. She stopped work on January 5, 2018. OWCP 

assigned the claim OWCP File No. xxxxxx827.

By decision dated August 19, 2020, OWCP denied appellant’s occupational disease claim, 

finding that the medical evidence of record was insufficient to establish a lumbar spine and left 

shoulder condition causally related to the accepted factors of her federal employment. It noted 

that she had a prior claim under OWCP File No. xxxxxx475 where she also alleged a back 

condition related to a January 4, 2018 employment incident and that claim had been denied. 

On June 25, 2021 appellant, through counsel, requested reconsideration of OWCP’s 

August 19, 2020 decision. 

By decision dated September 23, 2021, OWCP denied modification of its August 19, 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 under OWCP 

File No. xxxxxx827, appellant noted that she first became aware of her claimed lumbar spine and 

left shoulder conditions on January 4, 2018. Under OWCP File No. xxxxxx475,she also claimed 

a back injury due to an employment incident on January 4, 2018 when she lifted a heavy package 

from a wire container. However, OWCP has not administratively combined the present claim with 

OWCP File No. xxxxxx475, which pertains to the same body part and official duties.

For a full and fair adjudication, the case must be returned to OWCP to administratively 

combine the current case record, OWCP File No. xxxxxx827, with OWCP File No. xxxxxx475, 

so it can consider all relevant claim files and accompanying evidence in adjudicating appellant’s 

current traumatic injury claim. Following this and such further development as OWCP deems 

necessary, it shall issue an appropriate decision. Accordingly,

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

(February2000); 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).
3

IT IS HEREBY ORDERED THAT the September 23, 2021 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 8, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board