United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

W.O., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

CARL VINSON VETERANS MEDICAL 

CENTER, Dublin, GA, Employer 

__________________________________________ 

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Docket No. 16-0268 

Issued: April 20, 2016 

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 

COLLEEN DUFFY KIKO, Judge 

On November 23, 2015 appellant filed an application for review of a July 16, 2015 

decision of the Office of Workers’ Compensation Programs (OWCP), claim number xxxxxx715, 

which affirmed a January 5, 2015 decision denying his claim for a right shoulder and arm 

injury.1

 The appeal was docketed as number 16-0268. 

In the July 16, 2015 decision, OWCP noted that appellant had another claim for a right 

shoulder injury. It noted that he sustained an injury on October 25, 2011 when his mail cart was 

struck by a truck, claim number xxxxxx544.2

 OWCP noted reviewing claim number xxxxxx544 

and medical evidence and opined that “[appellant] suffered a right shoulder injury in the 

performance of his duties on October 25, 2011, when his electric cart was struck by a pickup 

truck. Claim number xxxxxx544 was allowed for right rotator cuff tendinitis. Surgical repair 

was affected on January 17, 2012, and appellant returned to full-time modified work on 

May 1, 2012. Appellant resumed regular activities on July 1, 2012.” OWCP referenced a report 

 1

 On October 28, 2014 appellant, a 62-year-old pipefitter filed an occupational disease claim asserting that he 

reinjured his right shoulder on October 27, 2014 when he threw a 100-pound pump into a dumpster while in the 

performance of duty. 

2

 The complete medical records and factual information pertaining to this claim is not in the record before the 

Board. 
2

from Dr. Richard Thomas dated October 29, 2014 who reported a history of a prior rotator cuff 

repair in 2011 with a good result until October 27, 2014 when appellant was lifting at work and 

felt a pop in his right shoulder. The Board is unable to view claim number xxxxxx544 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, case file number xxxxxx715, pertains to a claim where 

OWCP denied appellant’s claim for a reinjury of his right shoulder on October 27, 2014 as the 

weight of the medical evidence failed to establish that his right shoulder injury was causally 

related to the October 27, 2014 work activity. In the July 16, 2015 decision, OWCP noted 

reviewing medical evidence and findings made in case file number xxxxxx544 which pertains to 

an accepted right rotator cuff tendinitis and surgical repair. The evidence thus indicates that 

claim file number xxxxxx544 has evidence germane to whether OWCP properly denied 

appellant’s claim for compensation for the reinjury of his right shoulder in claim number 

xxxxxx715. However, as noted, claim file number xxxxxx544 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.3

 For a full and fair 

adjudication, the Board must be able to review the contents of OWCP claim number xxxxxx544. 

The case will be remanded to OWCP to ensure that all consolidated claims are readily 

accessible. Following this and such other development as deemed necessary, OWCP shall issue 

an appropriate merit decision on the matter to preserve appellant’s appeal rights. 

 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 16, 2015 decision be set aside and the 

matter remanded to OWCP for further proceedings consistent with this order. 

Issued: April 20, 2016 

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