United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

K.D., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Indianapolis, IN, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-1320

Issued: April 25, 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 August 31, 2021 appellant filed a timely appeal from a July 20, 2021 merit decision of 

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

assigned Docket No. 21-1320.

On April 21, 2021 appellant, then a 26-year-old group leader mail hander, filed an 

occupational disease claim (Form CA-2) alleging that, beginning on November 15, 2020, she 

sustained rheumatoid arthritis and inflamed rotator cuff tear due to a crushed hand work injury. 

She explained that she developed extensive pain shooting up her arm from her injured hand and 

was told the pain would eventually cause damage to her arm. OWCP assigned this claim OWCP 

File No. xxxxxx524. 

Appellant has a prior traumatic injury claim (Form CA-1) for an injury sustained on 

February 19, 2019, which is accepted for right hand contusion and crush injury. This prior claim 

is assigned OWCP File No. xxxxxx692. Appellant’s claims have not been administratively 

combined.

By decision dated July 20, 2021, OWCP denied appellant’s claim in OWCP File No. 

xxxxxx524,finding that fact of injury had not been established. 

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 
2

correct adjudication of the issues depends on frequent cross-referencing between files.1 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.2 Herein, appellant had a 

prior claim for a right hand contusion and crush injury, assigned OWCP File No. xxxxxx692. She 

subsequently filed an occupational disease claim for the same region of the body on April 21, 

2021, assigned OWCP File No. xxxxxx524, which is the claim presently before the Board.

For a full and fair adjudication, the case must be returned to OWCP to administratively 

combine the current case record, OWCP File No. xxxxxx524, with OWCP File No. xxxxxx692. 

On remand, OWCP should review all relevant evidence to determine whether appellant has 

established that she sustained rheumatoid arthritis and inflamed rotator cuff tear in the performance 

of duty. Following this and such further development as OWCP deems necessary, it shall issue a 

de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the July 20, 2021 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: April 25, 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

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

(February2000).

2

Id.; S.G., Docket No. 21-0396 (issued September 27, 2021); R.L., Docket No. 20-0901 (issued July 27, 2021);

M.E.,Docket No. 21-0094 (issued May 27, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,Docket 

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