V.B. and U.S. Postal Service, Oak Creek Annex (Board decision, May 12, 2025)

ECAB remand decision. The Board set aside OWCP's February 27, 2025 decision and returned the shoulder claim for combined file review; 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 postal mail handler reported a right shoulder injury while reaching across a conveyor belt. She had a prior accepted injury affecting the same arm. The Board found OWCP needed to combine the two claim files so it could consider all relevant evidence together. It set aside the denial and ordered a new decision.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Shoulder claim denial set aside; related claim files to be combined on remand.
• Key point: OWCP needed both right-arm injury files to adjudicate the new claim fairly.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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V.B., Appellant
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)
and ) Docket No. 25-0413
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Issued: May 12, 2025
U.S. POSTAL SERVICE, OAK CREEK ANNEX, )
Oak Creek, WI, Employer
)
__________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 21, 2025 appellant, through counsel, filed a timely appeal from a February 27, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0413.2

On July 12, 2024 appellant, then a 61-year-old mail handler, filed a traumatic injury claim (Form CA-1) alleging that on July 10, 2024 she sustained a right shoulder injury when she reached across a conveyor belt to grab a piece of mail stuck in a conveyor belt while in the performance of

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 February 27, 2025 decision, OWCP received additional evidence. 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. duty. She stopped work on the date of injury and returned to work on July 12, 2024.3 Appellant stopped work again on July 13, 2024. She subsequently submitted additional medical evidence, which included diagnosed medical conditions of cervical radiculopathy, chronic right shoulder pain, mild cervical spondylosis, and right shoulder rotator cuff tear.

By decision dated October 17, 2024, OWCP denied appellant’s traumatic injury claim, finding that the evidence of record was insufficient to establish that the accepted July 10, 2024 employment incident was causally related to the diagnosed cervical radiculopathy condition.

On October 22 and 29, 2024, appellant, through counsel, requested an oral hearing before a representative of OWCP’s Branch of Hearings and Review, which was held on December 18, 2024.

Additional medical evidence pertaining to appellant’s right upper extremity was received.

By decision dated February 27, 2025, OWCP’s hearing representative affirmed the October 17, 2024 decision. He noted that upon return of the case file, OWCP should administratively combine OWCP File Nos. xxxxxx668 and xxxxxx196.

The Board, having duly considered this matter, finds that the 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 and when two or more injuries occur to the same part or region of the body. 4 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 claims under OWCP File Nos. xxxxxx668 and xxxxxx196 both involve injuries to her right upper extremity.

Therefore, for full and fair adjudication, this case shall be remanded for OWCP to administratively combine OWCP File Nos. xxxxxx668 and xxxxxx196, so it can consider all relevant claim files and accompanying evidence in adjudicating the present claim.5 Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision. Accordingly,

3
OWCP assigned the present claim OWCP File No. xxxxxx668. Under OWCP File No. xxxxxx196, OWCP previously accepted that on August 4, 2020 appellant had sustained a right-hand contusion, right wrist sprain, and right shoulder rotator cuff tear while in the performance of duty. 4 Order Remanding Case, M.J., Docket No. 22-1357 (issued June 12, 2023); Order Remanding Case, L.B., Docket No. 21-0241 (issued October 28, 2021); Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance & Management, Chapter 2.400.8c (February 2000). 5 Id. at Chapter 2.400.8c(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 18-1558, 18- 1568 (issued June 21, 2019).

2
IT IS HEREBY ORDERED THAT the February 27, 2025 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: May 12, 2025
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

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