L.W. and Department of the Air Force, Air Force Materiel Command (Board decision, April 22, 2026)

ECAB remand decision. The Board set aside OWCP's July 25, 2025 nonmerit decision and remanded for combined 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

An Air Force worker sought coverage for depression associated with workplace events and a prior accepted injury. OWCP considered the new claim without combining its file with the earlier injury file. The Board directed OWCP to combine them so it could review the full record before deciding the emotional condition claim.

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 nonmerit denial was set aside and the case remanded.
• Key point: The depression claim required review alongside the prior accepted injury file.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.W., Appellant
)
)
and ) Docket No. 26-0265
) Issued: April 22, 2026
DEPARTMENT OF THE AIR FORCE, AIR
)
FORCE MATERIEL COMMAND,
)
Robins Air Force Base, GA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Wayne Johnson, 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 January 21, 2026 appellant, through counsel, filed a timely appeal from a July 25, 2025 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0265.

On April 17, 2024 appellant, then a 31-year-old hazardous waste disposer, filed an occupational disease claim (Form CA-2) alleging that she developed depression due to harassment from the employing establishment for leave taken following an injury sustained under a prior OWCP claim.2 She explained that, while she was off work due to her prior work injury, the employing establishment frequently texted and called, requiring her to submit documentation

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 OWCP assigned the present claim OWCP File No. xxxxxx060. Appellant previously filed a traumatic injury claim (Form CA-1) on January 25, 2024, under OWCP File No. xxxxxx377, alleging that on January 18, 2024 she sustained right hip, arm, and shoulder injuries when she slipped and fell while in the performance of duty. OWCP accepted the claim for right shoulder and hip contusions and right shoulder, cervical and lumbar strains. OWCP has not administratively combined appellant’s claims. regarding her leave. It also threatened to fire her. Appellant noted that she first became aware of her condition on January 29, 2024, and realized its relation to her federal employment on February 9, 2024. She stopped work on April 19, 2024.

In a development letter dated April 24, 2024, OWCP informed appellant that the evidence of record was insufficient to support her claim. It advised her of the type of factual and medical evidence needed to establish her claim and afforded her 60 days to provide the necessary evidence.

OWCP subsequently received medical evidence regarding injuries sustained under OWCP File No. xxxxxx377. It also received medical evidence regarding appellant’s treatment for depression.

By decision dated July 10, 2024, OWCP denied appellant’s occupational disease claim, finding she failed to establish that the factual component of her claim. It found that the evidence of record was insufficient to establish a compensable employment factor. OWCP concluded, therefore, that the requirements had not been met to establish an injury as defined by FECA.

On July 10, 2025 appellant, through counsel, requested reconsideration of the July 10, 2024 decision. Counsel asserted that appellant sustained depression consequential to her accepted January 18, 2024 employment injury under OWCP File No. xxxxxx377.

By decision dated July 25, 2025, OWCP denied appellant’s request for reconsideration of the merits of her claim, pursuant to 5 U.S.C. § 8128(a).

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 files, including when similar conditions are claimed in such cases.3 Appellant’s claims under OWCP File Nos. xxxxxx060 and xxxxxx377 should be administratively combined as correct adjudication of the underlying merit issue depends on frequent cross-referencing between these files.4 This will allow OWCP to consider all relevant evidence with regard to appellant’s emotional/stress-related condition claim.5

The Board shall, therefore, for full and fair adjudication, remand the case for OWCP to administratively combine OWCP File Nos. xxxxxx060 and xxxxxx377. Following this and other such further development as deemed necessary, OWCP shall issue an appropriate decision.

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000).
4
Id. See also K.K., Docket No. 20-0581 (issued September 14, 2020).
5
See K.G., Docket No. 21-0068 (issued July 29, 2022); D.J., Docket No. 20-0997 (issued November 20, 2020);
S.D., Docket No. 19-0590 (issued August 28, 2020).

2
IT IS HEREBY ORDERED THAT the July 25, 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 22, 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

3