E.M. and U.S. Postal Service, Martin Olav Sabo Post Office (Board decision, April 3, 2026)

ECAB remand decision. The Board set aside OWCP's June 18, 2025 decision and remanded for combined claim files 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 postal worker had multiple injury claims involving her back. OWCP decided the current claim without administratively combining two earlier files containing relevant evidence. The Board could not review the complete record and directed OWCP to combine the three files before deciding again.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: OWCP's decision was set aside and remanded.
• Key point: Related claim files had to be combined for a complete review of the back injury claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.M., Appellant
)
)
and ) Docket No. 26-0175
) Issued: April 3, 2026
U.S. POST OFFICE, MARTIN OLAV SABO
)
POST OFFICE, Minneapolis, MN, Employer
)
__________ )

Appearances: Case Submitted on the Record
Allen R. Webb, 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 December 11, 2025 appellant, through counsel, filed a timely appeal from a June 18, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0175.

On February 22, 2006 appellant, then a 37-year-old mail processor, filed a traumatic injury claim (Form CA-1) alleging that on January 6, 2006 she sustained a low back injury when lifting and handling mail while in the performance of duty. She stopped work on January 11, 2006 and returned to work in a full-time, light-duty position on January 15, 2006. On May 2, 2006 OWCP accepted the claim for sprain/strain of the sacroiliac region. Appellant stopped work on August 11,

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. 2010 and OWCP paid her wage-loss compensation for disability on the supplemental rolls, effective that date.2

Appellant began working in a full-time, light-duty position on October 25, 2012.

Appellant stopped work on May 4, 2024. On September 24, 2024 she filed claims for compensation (Form CA-7) alleging disability from work commencing May 4, 2024 through September 20, 2024.

On September 27, 2024 OWCP received medical evidence from appellant in support of her disability claim.

Appellant submitted CA-7 forms dated October 8 and 22, 2024, November 8 and 19, 2024, and December 31, 2024, wherein she claimed disability from work through December 27, 2024.

By decision dated December 20, 2024, OWCP denied appellant’s claim for disability from work commencing May 4, 2024, finding that the medical evidence of record was insufficient to establish disability from work during the claimed period, causally related to the accepted January 6, 2006 employment injury.

On June 7, 2025 appellant, through counsel, requested reconsideration of the December 20, 2024 decision and submitted additional medical evidence in support of her claim.

By decision dated June 18, 2025, OWCP denied modification of the December 20, 2024 decision.

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 where a new injury case is reported for an employee who filed another injury claim for the same part of the body and where correct adjudication depends on cross-referencing between files.3 This will allow OWCP to consider all relevant claim files in developing this claim.4 Appellant’s claims under OWCP File Nos. xxxxxx372, xxxxxx924, and xxxxxx266 involve the back. However, OWCP has not administratively combined appellant’s claims. As the Board is unable to review evidence found in OWCP File Nos. xxxxxx924 and xxxxxx266, it is not in a position to make an informed

2
OWCP assigned the present claim OWCP File No. xxxxxx372. Appellant has prior claims before OWCP. Under OWCP File No. xxxxxx924, OWCP accepted that appellant sustained a lumbar sprain due to an October 13, 2000 traumatic injury. Under OWCP File No. xxxxxx266, appellant filed a claim for a December 19, 2017 traumatic injury to her right shoulder and back. 3 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c(1) (February 2000); V.G., Docket No. 19-0670 (issued April 30, 2020); L.P., Docket Nos. 18-1558, 18-1568 (issued June 21, 2019); L.S., Docket Nos. 17-1863, 17-1867, 17-1868 (issued April 18, 2018); W.S., Docket No. 15-0969 (issued October 5, 2015); C.C., Docket No. 14-1576 (issued March 9, 2015). 4 Id.

2 decision regarding appellant’s claim.5 Therefore, the case shall be remanded to OWCP to administratively combine OWCP File Nos. xxxxxx372, xxxxxx924, and xxxxxx266. Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the June 18, 2025 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: April 3, 2026
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

5
See L.H., Docket No. 17-1960 (issued August 16, 2018); K.P., Docket No. 15-1945 (issued February 10, 2016);
M.C., Docket No. 15-1706 (issued October 22, 2015).

3