United States Department of Labor

Employees’ Compensation Appeals Board

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C.S., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Highwood, IL, Employer

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Docket No. 20-0802

Issued: December 3, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On February 28, 2020 appellant filed a timely appeal from a February 4, 2020 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate 

Boards docketed the appeal as No. 20-0802.

On November 1, 2019 appellant, then a 50-year-old city carrier, filed an occupational 

disease claim (Form CA-2) alleging that she developed arthritis of the knees and bone spurs due 

to factors of her federal employment, including a lot of walking, which required range of motion 

within her knees. She noted that she first became aware of her condition on February 1, 2017 and 

realized its relation to her federal employment on October 29, 2019. Appellant did not 

immediately stop work.

The record reflects that appellant filed a claim for a June 25, 2019 traumatic injury to the 

right knee under OWCP File No. xxxxxx656. Appellant claimed that she miss-stepped off of a 

curve while working. OWCP has not issued a decision in this claim.1 In a memorandum of 

telephone conference (Form CA-110) dated January 21, 2020, it reportedly did not address 

appellant’s request for right knee surgery because she had a pending occupational disease claim 

under the claim number currently before the Board, OWCP File No. xxxxxx258.

 

1 This claim is not in the record before the Board.
2

Under the present claim, OWCP File No. xxxxxx258, by decision dated February 4, 2020, 

OWCP denied appellant’s occupational disease claim finding that the evidence of record was 

insufficient to establish the implicated employment factors. It noted that appellant had not 

responded to the November 14, 2019 development letter and it was unable to determine how 

walking as a city carrier contributed to her right knee osteoarthritis over a given period of time. 

OWCP concluded, therefore, that the requirements had not been met to establish an injury as 

defined by the Federal Employees’ Compensation Act.

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

decision. 

As appellant has pursued compensation benefits under File Nos. xxxxxx258 and 

xxxxxx656 for the right knee, there are medical reports and factual information that bear directly 

on the matter before OWCP in File No. xxxxxx656.2 The record currently before the Board does 

not contain all of the relevant medical and factual evidence upon which the Board could adjudicate 

appellant’s present claim. 

OWCP’s procedures provide that cases should be administratively combined when correct 

adjudication depends on cross-referencing between files and when two or more injuries occur to 

the same part of the body.3 For example, if a new injury case is reported for an employee who 

previously filed an injury claim for a similar condition or the same part of the body, doubling is 

required.4 As the claims in the following OWCP files all involve appellant’s right knee, OWCP 

File Nos. xxxxxx258 and xxxxxx656, the Board finds that they must be administratively combined 

for a full and fair adjudication of appellant’s present claim. This will allow OWCP to consider all 

relevant claim files and accompanying evidence in developing appellant’s current occupational 

disease claim.

Accordingly, the Board will remand the case to OWCP to administratively combine the 

case records for OWCP File Nos. xxxxxx258 and xxxxxx656. Following this and other such 

development as deemed necessary, OWCP shall issue a de novo merit decision.

 

2 Supra note 1.

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

(February 2000).

4 R.R., Docket No. 19-0368 (issued November 26, 2019); Federal (FECA) Procedure Manual, Part 2 -- Claims, File 

Maintenance & Management, Chapter 2.400.8c (February 2000).
3

IT IS HEREBY ORDERED THAT the February 4, 2020 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: December 3, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board