B.B. and U.S. Postal Service, Bedford Park Post Office (Board decision, March 3, 2025)

ECAB remand decision. The Board set aside OWCP’s denial and returned the knee claim for the related case files to be combined and a new decision. Entitlement 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A city mail carrier claimed that a right knee condition arose partly from compensating for a prior left knee problem. OWCP denied the right knee claim after considering information from other claim files. The Board found that full review required the current file and two earlier files to be administratively combined because the issues depended on them. It set aside the denial and ordered OWCP to combine the files, complete any needed development, and issue a new decision.

Decision snapshot

• Authority: FECA; 5 U.S.C. § 8101.
• Outcome: Denial set aside; claim remanded for combined-file review and a new OWCP decision.
• Key point: OWCP must combine related files when deciding a claim requires frequent cross-reference to earlier claims.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.B., Appellant
)
)
and ) Docket No. 25-0273
)
Issued: March 3, 2025
U.S. POSTAL SERVICE, BEDFORD PARK )
POST OFFICE, Bedford Park, IL, Employer )
__________ )

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 JANICE B. ASKIN, Judge

On January 29, 2025 appellant, through counsel, filed a timely appeal from a December 13 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0273.

On April 4, 2024 appellant, then a 28-year-old city mail carrier, filed a traumatic injury claim (Form CA-1) alleging that, on March 13, 2024, she injured her right knee while in the performance of duty. She indicated that she had been on light-duty status for a left knee condition but was off work for six weeks due to a nonemployment-related abdominal surgery in

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. January 2024.2 Appellant attributed her current right knee condition to having to compensate for a left knee employment-related injury and the mechanics of mounting and dismounting a new postal vehicle. She stopped work on March 18, 2024 and returned to full-time work on April 10, 2024 with restrictions. OWCP assigned the present claim OWCP File No. xxxxxx788.

By decision dated June 24, 2024, OWCP denied appellant’s traumatic injury claim, finding that the evidence of record was insufficient to establish a diagnosed medical condition in connection with the accepted March 13, 2024 employment incident. It concluded, therefore, that the requirements had not been met to establish an injury as defined by FECA.

On July 22, 2024 appellant, through counsel, requested a telephonic hearing before a representative of OWCP’s Branch of Hearings and Review, which was held on November 5, 2024.

By decision dated December 13, 2024, an OWCP hearing representative affirmed as modified the June 24, 2024 decision to reflect a denial based on lack of causal relationship. It noted that it had also reviewed the evidence in appellant’s previous files, OWCP File Nos. xxxxxx667 and xxxxxx393, in conjunction with the current claim.

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

OWCP’s procedures further provide that cases should be administratively combined when correct adjudication of the issues depends on frequent cross-referencing between 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 instant case, appellant filed a traumatic injury claim for a March 13, 2024 injury under OWCP File No. xxxxxx788 alleging that she developed a right knee condition due to overcompensating for a previous work-related left knee condition. She has previously filed claims for work-related left knee conditions under OWCP File Nos. xxxxxx393 and xxxxxx667

The Board therefore finds, for a full and fair adjudication, the case shall be returned to OWCP to administratively combine OWCP File Nos. xxxxxx788, xxxxxx393, and xxxxxx667.

2
Appellant previously filed a Form CA-1 on January 20, 2023 under OWCP File No. xxxxxx393 alleging that she sustained a traumatic injury on January 19, 2023 when she hit another driver who backed out of a parking spot into the roadway she was traveling on. She asserted that she developed a nerve-like, sharp and electrical pain in the left lower back that radiated into her foot. OWCP denied that claim by decision dated March 9, 2023. Thereafter, appellant filed an occupational disease claim (Form CA-2) on February 10, 2023 under OWCP File No. xxxxxx667 alleging that she devolved bilateral carpal tunnel syndrome and tarsal tunnel syndrome, and bursitis of the left knee due to factors of her federal employment, including repetitive lifting and carrying mail and heavy packaging and prolonged walking up to 13 miles or more per day, six days per week. OWCP denied that claim by decision dated May 15, 2023. Appellant’s claims have not been administratively combined. 3 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).
4
Id.

2
Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the December 13, 2024 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: March 3, 2025
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

3