United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

S.R., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

New York, NY, Employer 

__________________________________________ 

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Docket No. 15-409 

Issued: May 26, 2015 

Appearances: Case Submitted on the Record

Thomas R. Harkins, Esq., for the appellant

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

On December 12, 2014 appellant, through counsel, filed an application for review of a 

July 15, 2014 decision of the Office of Workers’ Compensation Programs (OWCP), claim 

number xxxxxx133, which denied modification of a March 3, 2014 decision terminating 

appellant’s medical benefits and wage-loss compensation as the weight of the medical evidence 

as set forth in the second opinion physician’s report established that she no longer had residuals 

of her accepted work-related condition.1 The appeal was docketed as number 15-409. 

In the July 15, 2014 decision, OWCP noted that appellant had two other claims for 

compensation. It noted that appellant sustained an injury on June 10, 1996 which was accepted 

for bilateral carpal tunnel syndrome and a ganglion condition of the right wrist, claim number 

xxxxxx954 and a claim for an injury sustained on May 1, 1997 which was accepted for right 

carpal tunnel syndrome, claim number xxxxxx260. These claims were consolidated. OWCP 

noted reviewing claim numbers xxxxxx954 and xxxxxx260 and medical evidence and opined 

that “Medical records contained in your other case file (xxxxxx260) are merely handwritten 

notes that are illegible and provide no narrative or explanation of care or discussion of 

examination findings. The records contained in both files do not substantiate any conflict of 

 1

 On August 13, 2004 appellant, a 54-year-old clerk, filed an occupational disease claim asserting that she 

developed tennis elbow as a result of performing her work duties. OWCP accepted appellant’s claim for bilateral/ 

lateral epicondylitis. 
2

medical opinion or rationale.” The Board is unable to view claim number xxxxxx260 on the 

Integrated Federal Employees’ Compensation System (iFECS). 

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

decision. The claim before the Board, claim number xxxxxx133, pertains to a claim where 

OWCP terminated appellant’s medical benefits and wage-loss compensation. In that July 15, 

2014 decision, OWCP noted reviewing medical evidence and findings made in claim number 

xxxxxx260 which pertains to an accepted right carpal tunnel syndrome. The evidence thus 

indicates that claim file number xxxxxx260 has evidence germane to whether the termination of 

appellant’s medical benefits and wage-loss compensation were proper in claim number 

xxxxxx133. However, as noted, claim file number xxxxxx260 is not presently accessible by the 

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

correct adjudication depends on cross-referencing between files.2

 For a full and fair 

adjudication, the Board must be able to review the contents of OWCP claim number xxxxxx260. 

The case will be remanded to OWCP to consolidate the claims. Following this and such 

other development as deemed necessary, it shall issue an appropriate merit decision on the matter 

to preserve appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the July 15, 2014 decision be set aside and the case 

remanded to Office of Workers’ Compensation Programs for further proceedings consistent with 

this order of the Board. 

Issued: May 26, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 2

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

(February 2000).