United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

R.G., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Newport News, VA, Employer 

__________________________________________ 

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Docket No. 15-107 

Issued: April 14, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

On October 20, 2014 appellant filed an application for review of a July 29, 2014 decision 

of the Office of Workers’ Compensation Programs (OWCP), claim number xxxxxx196, which 

denied his occupational disease claim.1

 The appeal was docketed as number 15-107. 

In the July 29, 2014 decision, OWCP noted that appellant had four prior occupational 

disease claims for emotional conditions, claim numbers xxxxxx530, xxxxxx793, xxxxxx379 and 

xxxxxx142.2

 In denying appellant’s claim for compensation under claim number xxxxxx196, the 

claim presently before the Board, the claims examiner noted reviewing evidence from claim 

numbers xxxxxx530, xxxxxx793, xxxxxx379 and xxxxxx142. OWCP’s claims examiner stated, 

“upon review of this record in its entirety, I find that you have not submitted one allegation that 

 1

 On June 17, 2013 appellant, a letter carrier, filed an occupational disease claim alleging that he developed an 

emotional condition due to high levels of stress and traumatic incidents at work. In a July 26, 2013 statement, he 

asserted that he had post-traumatic stress disorder and his condition was a direct result of the incidents that took 

place on his job in January 2008 and January 2010. Appellant also stated that he had flashbacks due to violent 

threatening nature of incidents from 1997 to 2013; that his emotional condition claims were improperly denied on 

December 6, 2012 and March 4, 2013; and events that took place on December 6, 2012 and March 4, 2013 caused 

his post-traumatic stress disorder to worsen. 

2

 The complete records for case file numbers xxxxxx530, xxxxxx793, xxxxxx379, and xxxxxx142 are not before 

the Board on the present appeal. 
2

has not been adjudicated under prior claims, specifically xxxxxx520, xxxxxx793, xxxxxx379 or 

xxxxxx142. The evidence submitted was insufficient to establish your claim because no specific 

details were provided surrounding new incidents has been claimed to have caused your 

condition.” The claims examiner noted that “[OWCP] has adjudicated 2008, 2010, 2012 and 

2013 incidents under prior claims and cannot [be] re-adjudicated under a new claim and 

specifically on reconsideration.” He further noted that “the evidence does not support that you 

actually experienced an employment incidents alleged to have occurred that has not been alleged 

and adjudicated under prior cases with [OWCP].” 

The Board has duly considered the matter and notes that the case is not in posture for a 

decision. The claim before the Board, case file number xxxxxx196, involves appellant’s claim 

for an emotional condition from work incidents he experienced from 1997 to 2013. OWCP 

denied his claim on the grounds that he did not establish that he sustained a new work-related 

occupational condition based on new incidents. In the July 29, 2014 decision, it noted reviewing 

evidence and findings made in case file numbers xxxxxx530, xxxxxx793, xxxxxx379 and 

xxxxxx142. OWCP’s decision indicates that case file numbers xxxxxx530, xxxxxx793, 

xxxxxx379 and xxxxxx142 may have evidence germane to claim number xxxxxx196. 

Pursuant to its procedures, OWCP has determined that cases should be combined where 

correct adjudication depends on cross-referencing between files. In the instant appeal, it appears 

that, for a full and fair adjudication, OWCP claims pertaining to appellant’s emotional condition 

should be combined pursuant to OWCP procedures.3

 This will allow OWCP to consider all 

relevant claim files in developing appellant’s claim. 

The case will be remanded to OWCP to combine case files numbers xxxxxx196, 

xxxxxx530, xxxxxx793, xxxxxx379 and xxxxxx142. Following this and such other development 

as deemed necessary, OWCP shall issue an appropriate merit decision on appellant’s claim. 

 3

 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) 

(February 2000). 
3

IT IS HEREBY ORDERED THAT the July 29, 2014 decision be set aside and the 

matter remanded to the Office of the Workers’ Compensation Programs for further proceedings 

consistent with this order. 

Issued: April 14, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board