United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.P., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Pontiac, MI, 

Employer

__________________________________________

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Docket No. 21-1423

Issued: April 22, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On September 27, 2021 appellant filed a timely appeal from a September 13, 2021 merit 

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

Boards docketed the appeal as No. 21-1423.

On June 6, 2021 appellant, then a 46-year-old mail processing clerk, filed a notice of 

recurrence (Form CA-2a) alleging that on June 2, 2021 he experienced a recurrence of an accepted 

May 2011 work-related injury under OWCP File No. xxxxxx611.1 He explained that on the night 

of June 2, 2021 he processed larger mail volumes of more weight, along with repetitive 

movements.

In a report dated June 30, 2021, Dr. Steven Plomaritis, a Board-certified orthopedic 

surgeon, evaluated appellant’s right shoulder. He noted that appellant had undergone a rotator 

cuff repair in 2012 and that appellant’s increased symptoms were precipitated by higher demands 

in the workplace. Dr. Plomaritis reviewed a magnetic resonance imaging (MRI) scan of 

appellant’s right shoulder, noting that it demonstrated compromise to the anterior aspect of the 

1 Appellant has a prior occupational disease claim that OWCP accepted for sprain of the rotator cuff capsule under 

OWCP File No. xxxxxx611.
2

supraspinatus subdeltoid bursa and a slightly effused impingement injury to the superior lateral 

head. He diagnosed a sprain of the rotator cuff capsule on subsequent encounter.

It subsequently received a narrative statement dated June 29, 2021, wherein appellant 

explained that, following a November 2012 shoulder repair, he had continuously worked with his 

palms up as instructed by his surgeon, and modified his workloads to prevent re-injury. However, 

appellant stated that changes to his workload due to short staffing during the pandemic had affected

his right shoulder. On August 11, 2021 OWCP converted appellant’s recurrence claim to a new

occupational disease claim assigned OWCP File No. xxxxxx243.

By decision dated September 13, 2021, OWCP denied appellant’s occupational disease 

claim, finding that the medical evidence of record was insufficient to establish causal relationship 

between his diagnosed sprain of the right rotator cuff capsule and the accepted factors of his federal 

employment.

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

decision. 

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

adjudication depends on frequent cross-referencing between files and where two or more injuries 

occur to the same part of the body.2 This will allow OWCP to consider all relevant claim files in 

developing this schedule award claim.3 In the present claim, appellant alleged a work-related 

diagnosis of sprain of the right rotator cuff capsule due to factors of his federal employment. As 

noted, appellant has a prior occupational disease claim under OWCP File No. xxxxxx611, accepted 

for sprain of the rotator cuff capsule. For a full and fair adjudication, the claim in OWCP File No. 

xxxxxx611 should be administratively combined with the present claim under File No. xxxxxx243.

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

File Nos. xxxxxx611 and xxxxxx243. Following this and other such further development as 

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

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

(February2000).

3

Id.
3

IT IS HEREBY ORDERED THAT the September 13, 2021 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: April 22, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board