United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

N.L., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

St. Charles, MO, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 14-864 

Issued: September 26, 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 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On March 7, 2014 appellant, through counsel, filed a timely appeal of a January 23, 2014 

decision of the Office of Workers’ Compensation Programs (OWCP) denying her traumatic 

injury claim. The Board assigned Docket No. 14-864. 

On November 2, 20121

 appellant, then a 33-year-old rural carrier, filed a traumatic injury 

claim alleging that on October 1, 2012 she injured her lower lumbar disc when she stood up after 

turning around and bending down to get mail. By decision dated June 14, 2013, OWCP denied 

appellant’s claim on the grounds that the medical evidence failed to establish a causal 

relationship between the diagnosed condition and the October 1, 2012 work incident. By 

decision dated January 23, 2014, an OWCP hearing representative affirmed the June 14, 2013 

decision. OWCP’s hearing representative noted that appellant had filed two prior claims for a 

back condition. Under File No. xxxxxx603, OWCP had accepted neck and lumbar sprain while 

File No. xxxxxx195 had been denied. 

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

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

 1

 Appellant noted that the form was signed on February 7, 2013, but that her original traumatic injury claim was 

dated November 2, 2012. 
2

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’s 

hearing representative referenced prior decisions in which OWCP had accepted one claim for a 

back condition and denied the other back claim, OWCP should have combined the case files in 

accordance with its procedures. 

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

other than some medical evidence from the accepted claim, the Board is unable to properly 

address and adjudicate the issue of appellant’s current traumatic injury under OWCP File No. 

xxxxxx436 

On remand, OWCP should combine the present case record, OWCP File No. xxxxxx436, 

with OWCP File Nos. xxxxxx195 and xxxxxx603. After combining these case records on 

remand, and following any necessary further development, OWCP shall issue a de novo decision. 

Accordingly, 

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

Compensation Programs dated January 23, 2014 is set aside, and the case remanded for further 

proceedings consistent with this order of the Board. 

Issued: September 26, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 2

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

(February 2000).