United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

Miami, FL, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 22-0798

Issued: August 24, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On April 25, 2022 appellant filed timely appeals from January 28 and April 8, 2022 merit

decisions of the Officeof Workers’Compensation Programs(OWCP). TheClerk of the Appellate

Boards docketed the appeals as Docket No. 22-0798.

On December 14, 2021 appellant, then a 65-year-old mail handler, filed a traumatic injury

claim (Form CA-1) alleging that on June 30, 2021 she injured her lower back when she stepped 

off of a porch after delivering a package while in the performance of duty.1 She did not stop work.

By decision dated January 28, 2022, OWCP accepted that the June 30, 2021 incident 

occurred as described. However, it denied appellant’s traumatic injury claim, finding that the

medical evidence of record was insufficient to establish a medical diagnosis in connection with 

the accepted June 30, 2021 employment incident. Consequently, OWCP found that the 

requirements to establish a claim under FECA had not been established. 

1 OWCP assigned the present claim OWCP File No. xxxxxx454. Appellant has a previously accepted December 1, 

2016 traumatic injury claim for strain of muscle, fascia, and tendon of the lower back under OWCP File No. 

xxxxxx936. The claims have not been administratively combined by OWCP.
2

On February 22, 2022 appellantrequested reconsideration of the January 28, 2022 decision

and submitted additional evidence.

By decision dated April 8, 2022, OWCP modified its prior decision finding that appellant 

had submitted sufficient evidence to establish diagnoses of disc displacement at L3-4 through L5-

S1 and spinal stenosis at L3-4 and L5-S1. However, appellant’s claim remained denied as she had 

not submitted sufficient rationalized medical evidence to establish that the accepted June 30, 2021 

employment incident caused or aggravated her diagnosed conditions.

The Board has duly considered the matter and concludes that this 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 frequent cross-referencing between files.2 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. 3 Herein, appellant’s claim 

under OWCP File No. xxxxxx936 also involved injuries to the low back, which are at issue in the 

present claim under OWCP File No. xxxxxx454. For a full and fair adjudication, this case must 

be returned to OWCP to administratively combine the current case record with OWCP File No. 

xxxxxx936, so it can consider all relevant claim files and accompanying evidence in adjudicating 

appellant’s current traumatic injury claim.4

Following this and other such further development as OWCP deems necessary, it shall 

issue a de novo decision. 

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

(February2000).

3

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,

Docket No 18-1777 (issued July 2, 2019).

4

Supra note 2 at Chapter 2.400.8c(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 18-

1558, 18-1568 (issued June 21, 2019).
3

IT IS HEREBY ORDERED THAT the January 28 and April 8, 2022 decisions of the 

Office of Workers’ Compensation Programs are set aside and the case is remanded for further 

proceedings consistent with this order of the Board. 

Issued: August 24, 2022

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board