United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.K., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Baltimore, MD, Employer 

__________________________________________ 

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Docket No. 14-827 

Issued: October 1, 2014 

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA HOWARD FITZGERALD, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On February 24, 2014 appellant filed an application for review of a January 10, 2014 

decision of the Office of Workers’ Compensation Programs (OWCP), claim number xxxxxx637, 

which affirmed a June 13, 2013 decision denying his occupational disease claim.1 The appeal 

was docketed as number 14-827. 

In the January 10, 2014 decision, an OWCP hearing representative noted that appellant 

had a prior occupational disease claim for his lower extremities as a result of repetitive walking 

in claim number xxxxxx911.2

 OWCP accepted that claim for aggravation of right foot tarsal 

tunnel syndrome. In denying appellant’s claim for compensation under claim number 

xxxxxx637, the claim presently before the Board, the hearing representative noted reviewing 

evidence from claim number xxxxxx911, including several medical reports in claim number 

xxxxxx911.3 He determined that appellant “has not identified additional work factors than were 

 1

 On March 12, 2013 appellant, a letter carrier, filed an occupational disease claim alleging that extensive walking 

on his mail route caused his right ankle condition. He did not stop work. 

2

 The complete record for claim number xxxxxx911 is not before the Board on the present appeal. 

3

 An April 13, 2012 report referenced by the hearing representative in claim number xxxxxx911 is not in the 

record before the Board. Several other reports from claim number xxxxxx911, referenced in the hearing 

representative’s decision, have been added to the record before the Board, claim number xxxxxx637. 
2

established in his previously accepted claim for an aggravation of right tarsal tunnel syndrome,” 

noting that he asserted in “both claims that he walks while delivering mail and realized that he 

was experiencing foot numbness in approximately December 2007.” The hearing representative 

further recommended that OWCP consider doubling claim numbers xxxxxx637 and xxxxxx911 

in accordance with OWCP procedures. 

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 xxxxxx637, involves appellant’s claim for a 

right ankle condition. In that claim OWCP denied appellant’s claim for an occupational disease 

on the grounds that appellant did not establish that he sustained a new work-related occupational 

condition. In the January 10, 2014 decision, the hearing representative noted reviewing evidence 

and findings made in claim number xxxxxx911. His decision indicates that claim number 

xxxxxx911 may have evidence germane to claim number xxxxxx637. 

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 bilateral lower 

extremity conditions should be combined pursuant to its procedures.4

 This will allow OWCP to 

consider all relevant claim files in developing appellant’s claim. 

The case will be remanded to OWCP to combine claim numbers xxxxxx637 and 

xxxxxx911. Following this and such other development as deemed necessary, it shall issue an 

appropriate merit decision on appellant’s claim. 

 4

 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 January 10, 2014 decision be set aside and the 

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

consistent with this order of the Board. 

Issued: October 1, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board