United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.M., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Malcolm, IA, Employer 

__________________________________________ 

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Docket No. 14-0617 

Issued: September 25, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

 On January 24, 2014 appellant filed a timely appeal of a December 3, 2013 decision of 

the Office of Workers’ Compensation Programs (OWCP) denying her occupational disease 

claim. The Board assigned Docket No. 14-0617. 

 On February 15, 2013 appellant, then a 61-year-old retired postmaster,1

 filed an 

occupational disease claim alleging that on May 1, 2006 she first became aware of her left torn 

rotator cuff and other related issues. It was not until July 21, 2006 that she realized that this 

condition was due to employment duties as a postmaster. Appellant attributed her left shoulder 

condition to compensating for the loss of use of her accepted right shoulder condition. By 

decision dated June 27, 2013, OWCP denied her claim on the grounds that the medical evidence 

failed to establish a causal relationship between the diagnosed conditions and the identified work 

factors. By decision dated December 3, 2013, an OWCP hearing representative affirmed the 

June 27, 2013 decision. The hearing representative noted that OWCP had accepted the 

conditions of right shoulder and upper arm/rotator cuff sprain as of April 1, 2007 under OWCP 

File No. xxxxxx580. The record included medical reports from appellant’s treating physician, 

Dr. Kyle Galles, who suggested that the left shoulder degenerative conditions were accelerated 

because of the dependency on her left arm while recovering from right shoulder surgery. 

                                                             1

 Appellant retired from the employing establishment effective March 12, 2011. 
2

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

a decision. OWCP procedures provide that cases should be doubled when a new injury is 

reported for an employee who previously filed an injury claim for a similar condition and further 

indicates that the cases should be doubled as soon as the need to do so becomes apparent.2

 As 

OWCP referenced a prior decision which had been accepted in denying appellant’s claim and she 

appears to be alleging a consequential injury from that claim, OWCP should have combined the 

case files in accordance with its procedures. 

 As the record before the Board does not contain the evidence from the prior claim, the 

Board is unable to properly address and adjudicate the issue of appellant’s occupational disease 

claim under OWCP File No. xxxxxx908. 

 On remand, OWCP should combine the present case record, OWCP File No. xxxxxx908, 

with OWCP File No. xxxxxx580. After combining these case records on remand, OWCP should 

consider the evidence contained in the combined case record and, following any necessary 

further development, issue a de novo decision. Accordingly, 

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

Compensation Programs dated December 3, 2013 is set aside and the case remanded for further 

proceedings consistent with this order of the Board. 

Issued: September 25, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

                                                             2

 Federal (FECA) Procedure Manual, Part 2 -- Claim, Doubling Case Files, Chapter 2.400.8(c)(1) 

(February 2000).