M.B. and U.S. Postal Service, Westlake Bethesda Post Office (Board decision, August 12, 2026)

ECAB final decision. The Board reversed OWCP's termination of wage loss compensation and medical benefits effective April 21, 2026. 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). Under 5 U.S.C. § 8128(b), FECA compensation decisions are generally not subject to court review.

Plain-English summary

A postal distribution clerk received benefits for an accepted back injury. OWCP terminated them after a second opinion physician said the accepted conditions had resolved. The Board found that OWCP had not combined an earlier claim file involving the same part of his back before referring him for that opinion. Without the related file, OWCP had not met its burden to justify ending compensation. The Board reversed the termination.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; OWCP file combination procedures cited in the order.
• Outcome: Wage loss compensation and medical benefit termination reversed.
• Key point: OWCP needed to combine the related lumbar claim files before relying on a second opinion to terminate benefits.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.B., Appellant
)
)
and ) Docket No. 26-0487
) Issued: August 12, 2026
U.S. POSTAL SERVICE, WESTLAKE
)
BETHESDA POST OFFICE, Bethesda, MD,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REVERSING CASE

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On May 2, 2026 appellant filed a timely appeal from an April 21, 2026 merit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards docketed the appeal as No. 26-0487.

On July 19, 2023 appellant, then a 46-year-old distribution clerk, filed a traumatic injury claim (Form CA-1) alleging that, on June 22, 2023, he injured his back when lifting a heavy box while in the performance of duty.2 He stopped work on the date of injury. OWCP accepted the claim for lumber spine sprain and radiculopathy. It paid appellant wage-loss compensation on the

1
The Board notes that, following the April 21, 2026 decision, appellant submitted additional evidence to OWCP.
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. xxxxxx407. Under OWCP File No. xxxxxx973, OWCP accepted lumbar back sprain. OWCP has not administratively combined OWCP File No. xxxxxx973 with the present claim. supplemental rolls commencing August 7, 2023, and on the periodic rolls commencing December 31, 2023.

By notice dated January 8, 2026, OWCP advised appellant that it proposed to terminate his wage-loss compensation and medical benefits based on the opinion of Dr. David Lumsden, a Board-certified orthopedic surgeon serving as the second opinion specialist, who reported that the accepted employment-related conditions had ceased without residuals or disability. It afforded appellant 30 days to submit additional evidence or argument challenging the proposed termination.

By decision dated April 21, 2026, OWCP terminated appellant’s wage-loss compensation and medical benefits, effective that date. It found that Dr. Lumsden’s opinion constituted the weight of the medical opinion evidence and established that appellant no longer had disability or residuals causally related to the accepted June 22, 2023 employment injury.

The Board, having duly considered this matter, finds that OWCP failed to meet its burden of proof to terminate appellant’s wage-loss compensation and medical benefits, effective April 21, 2026.

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 Herein, appellant’s claim under OWCP File No. xxxxxx973 also involved the lumbar spine. OWCP relied on the opinion of Dr. Lumsden in justifying its termination decision. However, it had not administratively combined OWCP File No. xxxxxx973 with the present claim. Once OWCP accepts a claim and pays compensation, it has the burden of proof to justify termination or modification of benefits.5 As OWCP did not administratively combine the claim files prior to its referral to Dr. Lumsden, the Board finds that it failed to meet its burden of proof to terminate appellant’s wage-loss compensation.6 Accordingly,

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (March 16, 2026). 4 Id.; L.G., Docket No. 18-1676 (issued August 22, 2019); D.L., Docket No. 17-1588 (issued January 28, 2019).
5
See Order Reversing Case, D.S., Docket No. 25-0878 (issued December 12, 2025); Order Reversing Case, E.B., id. ; D.G., Docket No. 19-1259 (issued January 29, 2020); S.F., 59 ECAB 642 (2008); Kelly Y. Simpson, 57 ECAB 197 (2005); Paul L. Stewart, 54 ECAB 824 (2003). 6 See Order Reversing Case, D.S., id.; Order Reversing Case, E.B., id.; Order Reversing Case, C.V., Docket No.
23-0913 (issued December 4, 2023).

2
IT IS HEREBY ORDERED THAT the April 21, 2026 decision of the Office of Workers’ Compensation Programs is reversed.

Issued: August 12, 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