J.S. and Department of Justice, Federal Bureau of Prisons, U.S. Penitentiary Canaan (Board decision, April 30, 2026)

ECAB remand decision. The Board set aside OWCP's September 17, 2025 disability denial and remanded for combined review and a new decision; benefits remain 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 correctional officer sought wage-loss benefits after an accepted injury involving her neck and other body parts. Earlier claims also involved cervical conditions, but OWCP had not combined their files before deciding the disability request. The Board directed OWCP to combine the related claims and reconsider the request.

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 disability denial was set aside and the case remanded.
• Key point: Related neck injury files needed combined review before deciding wage-loss entitlement.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.S., Appellant
)
)
and ) Docket No. 26-0225
) Issued: April 30, 2026
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS, U.S. PENITENTIARY
)
CANAAN, Waymart, PA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
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 6, 2026 appellant filed a timely appeal from a September 17, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as 26-0225.1

On February 17, 2025 appellant, then a 49-year-old correctional officer, filed a traumatic injury claim (Form CA-1) alleging that on February 16, 2025 she sustained neck and knee injuries when she slipped on ice in the performance of duty.2 She stopped work on February 17, 2025. By decision dated June 2, 2025, OWCP accepted the claim for right knee anterior cruciate ligament sprain, right wrist sprain, and cervical ligaments sprain.

1
The Board notes that following the September 17, 2025 decision, OWCP received additional evidence. 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. 2 OWCP assigned the present claim OWCP File No. xxxxxx963. Appellant has prior claims alleging cervical/neck injuries before OWCP. Under OWCP File No. xxxxxx460, OWCP accepted a June 11, 2018 thoracic ligaments sprain and cervical spondylosis with radiculopathy. Under OWCP File No. xxxxxx844, appellant alleged that she sustained neck pain due to factors of her federal employment as of January 1, 2018. Appellant’s claims have not been administratively combined.
Appellant filed claims for wage-loss compensation (Form CA-7) claiming wage-loss compensation on and after February 17, 2025.

By decision dated August 27, 2025, OWCP denied appellant’s claims for wage-loss compensation for disability from work commencing February 17, 2025, finding that the medical evidence of record was insufficient to establish her disability claim.

On August 28, 2025 appellant requested reconsideration and submitted additional evidence.

By decision dated September 17, 2025, OWCP denied modification of the August 27, 2025 decision. It referenced the conditions claimed in OWCP File Nos. xxxxxx460 and xxxxxx844.

The Board has duly considered this matter and finds that the case is not in posture for a decision.

OWCP’s procedures 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 Appellant’s claims under OWCP File Nos. xxxxxx460, xxxxxx844, and xxxxxx963 all involve cervical/neck conditions. Therefore, these claims must be administratively combined for a full and fair adjudication.5

The case shall, therefore, be remanded to OWCP for further development. On remand, OWCP shall administratively combine OWCP File Nos. xxxxxx460, xxxxxx844, and xxxxxx963. Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision.

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).
4
Id.; L.G., Docket No. 18-1676 (issued August 22, 2019); D.L., Docket No. 17-1588 (issued January 28, 2019).
5
See C.Y., Docket No. 20-1079 (issued December 7, 2020); L.G., id.; K.T., Docket No. 17-0432 (issued August 17, 2018).

2
IT IS HEREBY ORDERED THAT the September 17, 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: April 30, 2026
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