United States Department of Labor

Employees’ Compensation Appeals Board

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L.R., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, Milwaukee, WI, Employer

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Docket No. 19-0712

Issued: March 27, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

On February 19, 2019 appellant filed a timely appeal from a November 14, 2018 decision 

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

docketed the appeal as No. 19-0712.

The case has previously been before the Board.1 The facts and circumstances as set forth 

in the Board’s prior decision are incorporated herein by reference. The relevant facts are as 

follows. 

On April 15, 2015 appellant, then a 46-year-old transportation security officer, filed an 

occupational disease claim (Form CA-2) alleging recurrent facial cellulitis commencing in 

December 2006 due to factors of her federal employment including exposure to methicillinresistant staphylococcus aureus (MRSA) in a breakroom and restroom. OWCP assigned the claim 

File No. xxxxxx918.2 By decisions dated October 29, 2015 and August 2, 2016, it denied 

 

1 Docket No. 16-1673 (issued February 20, 2018).

2 On May 31, 2017 appellant filed an occupational disease claim (Form CA-2) alleging that she sustained recurrent 

facial cellulitis commencing May 8, 2015 due to alleged MRSA exposures in an employing establishment rest room 

and break room. OWCP assigned that claim File No. xxxxxx633. On March 16, 2018 OWCP accepted that appellant 

sustained a temporary aggravation of facial cellulitis.
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appellant’s claim as she had not established the presence of MRSA bacteria at the employing 

establishment. On August 17, 2016 appellant appealed to the Board.

By decision dated February 20, 2018 the Board affirmed OWCP’s August 2, 2016 OWCP 

decision finding that appellant had not established the presence of MRSA bacteria at the employing 

establishment as alleged.

On August 30, 2018 appellant requested reconsideration. She asserted that as OWCP 

accepted facial cellulitis under File No. xxxxxx633, it was obligated to accept her occupational 

disease claim for the same condition under File No. xxxxxx918. By decision dated November 14, 

2018, OWCP denied modification finding that the evidence submitted on reconsideration failed to

establish the presence of MRSA bacteria at the employing establishment.

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

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

correct adjudication of the issues depends on cross-referencing between files.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

Appellant filed two occupational disease claims alleging that she sustained recurrent facial 

cellulitis due to MRSA exposure while in the performance of duty. OWCP denied the claim under 

File No. xxxxxx918, but accepted the claim under File No. xxxxxx633. For a full and fair 

adjudication, the claims in File Nos. xxxxxx918 and xxxxxx633 must be administratively 

combined.5 This will allow OWCP to consider all relevant claim files in developing this claim 

and avoid further inconsistent results.6 Following this and such other further development as 

deemed necessary, OWCP shall issue a de novo decision on appellant’s claims. 

 

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

(February 2000). 

4 A.C., Docket No. 18-1783 (issued July 29, 2019); J.M., Docket No. 19-0008 (issued July 10, 2019).

5 FECA Procedure Manual, supra note 3 at Chapter 2.400.8(c)(1); A.C., id.; L.S., Docket Nos. 17-1863, 17-1867, 

17-1868 (issued April 18, 2018). 

6 A.C., supra note 4; William T. McCracken, 33 ECAB 1197 (1982). 
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IT IS HEREBY ORDERED THAT the November 14, 2018 decision of the Office of 

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

proceedings consistent with this order of the Board.

Issued: March 27, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board