United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.K., Appellant 

and 

DEPARTMENT OF THE AIR FORCE, ROBINS 

AIR FORCE BASE, GA, Employer 

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Docket No. 13-1775 

Issued: May 22, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On July 22, 2013 appellant submitted an appeal of Office of Workers’ Compensation 

Programs’ (OWCP) decisions dated June 10 and July 3, 2013.1 The appeal was docketed as No. 

13-1775. 

On review of the case record the Board finds that the case must be remanded to OWCP. 

The June 10, 2013 decision finds that the claim for compensation (Form CA-2) dated January 16, 

2013 was untimely filed. OWCP found that the date of injury was November 11, 2002, the date 

appellant reported on the claim form that she was aware of an employment-related condition. 

The evidence of record does not establish an untimely claim for a new injury. 

The January 16, 2013 claim identifies the conditions of vertigo, hearing loss and tinnitus. 

According to the claim form, appellant sustained a head injury in 1999 at work and her 

conditions had “progressed slowly” since that injury. In a February 11, 2013 response to an 

OWCP request for information, she referred to an April 28, 1999 injury and another claim 

number, stating that this injury caused her hearing loss and ear problems. 

 1

 The June 10, 2013 decision is a merit decision finding the claim filed on January 16, 2013 was untimely filed. 

The July 3, 2013 decision finds that a request for reconsideration was insufficient to warrant merit review. 
2

Based on the evidence of record, appellant’s claim appeared to be a claim for 

consequential injuries resulting from a 1999 work injury. The record indicated that she filed a 

timely traumatic injury claim for an injury on April 28, 1999. OWCP also referred to a 2002 

claim for vertigo and headaches, but the nature of this claim is not clear. If appellant is claiming 

consequential injuries from a 1999 injury, then the relevant case records should be combined and 

an appropriate decision issued based on all of the relevant evidence. 

The Board notes that if appellant is claiming hearing loss or other conditions due to noise 

exposure in federal employment, she can submit evidence with respect to her allegation and 

OWCP can issue a proper decision on the issues presented.2

 The current evidence of record does 

not establish an untimely filing of a claim for a new injury. The case will be remanded to OWCP 

for clarification, proper doubling of case records and appropriate adjudication of the issues 

presented. 

IT IS HEREBY ORDERED THAT the decisions of the Office of Workers’ 

Compensation Programs dated July 3 and June 10, 2013 are set aside and the case remanded for 

further action consistent with this order of the Board.3

 

Issued: May 22, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 2

 With respect to the timeliness of a claim for hearing loss, OWCP would have to consider the date of last 

exposure to noise alleged to have contributed to the hearing loss. See Jose Salaz, 41 ECAB 743 (1990). 

3

 Richard J. Daschbach, Chief Judge, who participated in the preparation of this order, was no longer a member of 

the Board after May 16, 2014.