United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.R., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Columbus, OH, Employer 

__________________________________________ 

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Docket No. 15-0737 

Issued: August 3, 2015 

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 H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

On February 16, 2015 appellant, through counsel, filed an appeal of a November 25, 

2014 decision of the Office of Workers’ Compensation Programs (OWCP), in claim number 

xxxxxx096. By that decision an OWCP hearing representative affirmed OWCP’s February 26, 

2014 decision denying her claim for disability beginning October 19, 2013.1 The appeal was 

docketed as 15-737. 

In the November 25, 2014 decision, an OWCP hearing representative referred to a report 

completed by Dr. Charles May, a family practitioner, in claim number xxxxxx601, and indicated 

that he saw appellant for bilateral injuries to both knees on September 26, 2013 and related her 

complaints and physical findings to an injury on February 25, 2009.2

 The hearing representative 

questioned why Dr. May had issued reports implicating both the July 2013 incident and the 2009 

injury as the cause of appellant’s condition. She also directed that the claimant’s knee injury 

cases be combined or that the appropriate documents be placed in the instant claim. Claim 

number xxxxxx601 is not in the record before the Board. 

 1

 OWCP accepted that appellant, a letter carrier sustained a contusion and strain to the right knee and right elbow 

in the performance of duty on July 16, 2013. 

2

 The report is not in the record before the Board. 
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.3

 As 

the hearing representative referenced appellant’s knee claim in claim number xxxxxx601, the 

Board concludes that OWCP should have doubled the case files in accordance with its 

procedures. As the record before the Board does not contain evidence from the claim number 

xxxxxx601 referenced by the hearing representative, the Board is unable to properly address and 

adjudicate the matter. On remand, OWCP should combine the present case record, claim 

number xxxxxx096, with claim number xxxxxx601. After combining these two case records, it 

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

necessary further development, issue an appropriate merit decision on the issue of whether 

appellant is entitled to compensation for disability beginning October 19, 2013. 

IT IS HEREBY ORDERED THAT the November 25, 2014 decision of the Office of 

Workers’ Compensation Programs be set aside and the case remanded to OWCP for further 

proceedings consistent with this order of the Board. 

Issued: August 3, 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 

 3

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

(February 2000); see T.M., Docket Nos. 09-1090 & 09-2226 (issued March 8, 2010).