J.C. and U.S. Postal Service, Post Office, Bellmawr, NJ (Board decision, January 18, 2024)

ECAB remand decision. The Board set aside OWCP’s denial of J.C.’s 2021 injury claim and directed OWCP to combine it with her earlier accepted back injury file. OWCP must review the combined evidence and issue a new decision; the current claim remains unresolved. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal carrier reported back and left leg symptoms after walking stairs at work. She had an earlier accepted back injury and initially thought the new symptoms might relate to it. OWCP denied the new claim while the earlier file remained separate. The Board held that the related files had to be combined so OWCP could consider all relevant evidence before deciding the claim again.

Decision snapshot

• Authority: Federal (FECA) Procedure Manual, Chapter 2.400.8c, on combining related claim files.
• Outcome: May 11, 2023 denial set aside; related injury files to be combined and decided anew.
• Key point: The new back and leg claim required the record from the prior accepted back injury.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.C., Appellant
)
)
and ) Docket No. 23-1101
)
Issued: January 18, 2024
U.S. POSTAL SERVICE, POST OFFICE, )
Bellmawr, NJ, Employer
)
__________ )

Appearances: Case Submitted on the Record
David J. Picconi, for the appellant1
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On August 18, 2023 appellant, through her representative, filed a timely appeal from a May 11, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1101.2

On April 5, 2021 appellant, then a 54-year-old city delivery specialist, filed a traumatic injury claim (Form CA-1) alleging that on March 18, 2021 she experienced burning pain in the left knee when walking up and down stairs while in the performance of duty. She noted that she thought that it was related to her back since the pain traveled from her groin to her left foot.

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 May 11, 2023 decision, appellant submitted additional evidence on appeal to the Board. 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.

Appellant stopped work on March 29, 2021. OWCP assigned the claim OWCP File No. xxxxxx246.

In an April 2, 2021 letter, M.A., the postmaster, controverted the claim and noted that appellant did not report any injury to management and continued to work through March 27, 2021. He also related that on March 23, 2021 she had informed management that she had back fatigue and requested scheduled sick leave for a physician’s appointment. M.A. noted that on March 26, 2021 appellant reported to work and requested that she only case her route, as she had back pain. He also noted that on March 21, 2021 she called in and indicated that she thought she had hurt her knee on March 18, 2021. When M.A. inquired as to how the knee injury occurred, appellant responded, “I don’t know, just walking I guess” and “I thought it was my back.”

Appellant provided statements dated April 24 and May 5, 2021, wherein she noted that she had several injuries which included an accepted lower back injury. She referred to her lower back claim with an August 9, 2013 date of injury under OWCP File No. xxxxxx445 and explained that she initially believed that her current pain was related to that claim; however, she filed the present claim with a March 18, 2021 date of injury for her back and left leg because she believed that it may be a new claim. 3

By decision dated May 18, 2021, OWCP denied appellant’s traumatic injury claim, finding that the medical evidence was insufficient to establish causal relationship between a medical condition and the accepted March 18, 2021 employment incident.

On June 15, 2021 appellant requested a review of the written record before a representative of OWCP’s Branch of Hearings and Review. By decision dated October 12, 2021, an OWCP hearing representative affirmed the May 18, 2021 decision.

Appellant continued to request reconsideration. By decisions dated July 27 and November 28, 2022, and May 11, 2023, OWCP denied modification.

The Board, having duly considered the matter, finds that this case is not in posture for decision.

OWCP procedures provide that cases should be administratively combined when correct adjudication of the issues depends on frequent cross-referencing between case files. 4 For example,

3
Under OWCP File No. xxxxxx445 OWCP accepted that appellant sustained a traumatic injury on August 9, 2013 which caused strain of the lower back muscle, fascia and tendon, and lumbar intervertebral disc degeneration. By decision dated September 5, 2023, the Board found that OWCP properly determined that her accepted conditions had resolved by September 24, 2019. However, the Board also found that a conflict existed in the medical opinion evidence as to whether appellant had continuing residuals or disability after September 24, 2019 due to her accepted employment injury. See Docket No. 22-0018 (issued September 5, 2023). The Board also notes that OWCP has administratively combined OWCP File No. xxxxxx445 with OWCP File No. xxxxxx502, the master file, as well as OWCP File Nos. xxxxxx809, xxxxxx142 and xxxxxx664. 4 Federal (FECA) Procedure Manual, Part 2 -- Claims, Doubling Case Files, 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).

2

if a new injury 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. 5

The Board notes that appellant has a traumatic injury claim for her back under OWCP File No. xxxxxx445. In the present claim, appellant alleged that she developed a left knee and back condition due to an injury on March 18, 2021; however, she also indicated that she initially believed that her symptoms were related to her prior back injury. Herein, appellant’s prior traumatic injury claim under OWCP File No. xxxxxx445 also involves a back injury which is at issue in the present claim under OWCP File No. xxxxxx246. For a full and fair adjudication, the case must be remanded to OWCP to administratively combine OWCP File Nos. xxxxxx 445 and xxxxxx246, so that all of the relevant claim files and accompanying evidence can be considered in adjudicating appellant’s claims. Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the May 11, 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: January 18, 2024
Washington, DC

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

5
Id.; A.M., Docket No. 22-0095 (issued May 9, 2022); M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January 29, 2020).

3