United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

B.H., Appellant 

and 

DEPARTMENT OF THE AIR FORCE, HILL 

AIR FORCE BASE, Ogden, UT, Employer 

__________________________________________ 

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Docket No. 16-0906 

Issued: November 9, 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 

ALEC J. KOROMILAS, Alternate Judge 

On March 25, 2016 appellant filed a timely appeal of a March 8, 2016 merit decision of 

the Office of Workers’ Compensation Programs (OWCP) denying appellant’s claim for 

compensation. The Board docketed the appeal as File No. 16-0906. 

On August 10, 2015 appellant filed an occupational disease or illness claim (Form CA-2) 

alleging that he sustained emotional conditions, as well as headaches, nausea, dizziness, and 

balance problems, as a result of his federal employment. OWCP denied this claim by decision 

dated September 22, 2015, finding that appellant did not establish the alleged work factors. 

Appellant requested a review of the written record by an OWCP hearing representative. In a 

decision dated March 8, 2016, an OWCP hearing representative affirmed the September 22, 2015 

decision. 

The Board, having duly considered the matter, concludes that the case is not in posture 

for decision. OWCP procedures provide that cases should be combined when correct 

adjudication of the issues depends on frequent cross-reference between files.1

 The record 

indicates appellant had a prior claim for right shoulder and lumbar injuries on January 24, 2013 

 1

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

(February 2000). 
2

in OWCP File No. xxxxxx246. Appellant’s claim in the instant case is that there were errors in 

returning him to light-duty work following the January 24, 2013 injuries, and that an employing 

establishment physician altered his work restrictions. The September 22, 2015 OWCP decision 

indicates the prior claim was reviewed, without discussion of specific evidence, and then asserts 

that the current claim should be considered a consequential injury claim. It is well established 

that in situations where there is a consequential injury, case records should be combined.2

 

The case records have not been administratively combined. As the record before the 

Board does not contain the evidence from the prior claim, the Board is unable to properly 

adjudicate the issues presented. Appellant’s current claim is based on alleged actions and 

evidence from the prior claim, and is unclear what evidence from the prior claim may be 

relevant, or what evidence was reviewed by OWCP. The Board finds that the case is not in 

posture for a decision as the record before the Board is incomplete and would not permit an 

informed adjudication of the case by the Board. The case must be remanded to OWCP to 

combine the files and for further reconstruction and assemblage deemed necessary, to be 

followed by an appropriate decision. 

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

Compensation Programs dated March 8, 2016 is set aside and the case remanded to OWCP for 

further action consistent with this order of the Board. 

Issued: November 9, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 2 See M.M., Docket No. 14-0617 (issued September 25, 2015); see also W.B., Docket No. 15-1751 (issued 

March 8, 2016).