United States Department of Labor

Employees’ Compensation Appeals Board

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L.S., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

Nixa, MO, Employer

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Docket Nos. 21-0405 & 

21-1184

Issued: December 9, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from an October 30, 2020 merit 

decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP File No. 

xxxxxx382. The Clerk of the Appellate Boards docketed the appeal as No. 21-0405.

On January 28, 2021 appellant also filed a timely appeal from October 30 and 

November 17, 2020 merit decisions of OWCP under OWCP File No. xxxxxx814. The Clerk of 

the Appellate Boards docketed the appeal as No. 21-1184.

Under OWCP File No. xxxxxx382, on January 12, 2016 appellant, then a 45-year-old rural 

carrier associate, filed a traumatic injury claim (Form CA-1) alleging that on that date she sprained 

her ankle when she stepped into a dip where a driveway met the curb and twisted her ankle while 

in the performance of duty. She stopped work on that date. OWCP accepted her claim for left 

ankle sprain. It authorized wage-loss compensation on the supplemental rolls beginning 

February 27, 2016. 

Under OWCP File No. xxxxxx814, on January 12, 2018 appellant, then a 47-year-old rural 

carrier associate, filed a traumatic injury claim (Form CA-1) alleging that on January 11, 2018 she 
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strained her neck and shoulder attempting to lift a heavy parcel while in the performance of duty. 1 

She stopped work on January 11, 2018 and did not return. OWCP accepted this claim for cervical 

muscle spasm. It authorized wage-loss compensation on the supplemental rolls beginning 

February 26, 2018. On May 21, 2018 OWCP expanded the acceptance of appellant’s January 11, 

2018 employment injury to included cervical disc displacement C5-6, C6-7, and C2-3.

On June 21, 2018 under OWCP File No. xxxxxx382, appellant filed a recurrence claim 

(Form CA-2a) alleging that beginning on June 1, 2018 she lost time from work due to a recurrence 

of disability due to her accepted January 12, 2016 employment injury of left ankle sprain. In an 

August 23, 2018 letter, OWCP addressed appellant’s request for expansion of her claim under 

OWCP File No. xxxxxx382 to include a new ankle injury. It noted that she had a separate claim 

for a left ankle injury under OWCP File No. xxxxxx356, and a resulting consequential left ankle 

injury under OWCP File No. xxxxxx814.

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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 of the issues depends on frequent cross-referencing between case 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 In OWCP File No. xxxxx382, 

appellant alleged a recurrent left ankle injury. She also had a claim for consequential left ankle 

injury under OWCP File No. xxxxxx814. For a full and fair adjudication, the cases must be 

remanded to OWCP to administratively combine OWCP File Nos. xxxxxx382 and xxxxxx814, so 

that it can consider all relevant claim files and accompanying evidence in adjudicating appellant’s 

left ankle claims. Following this and other such further development as deemed necessary, OWCP 

shall issue de novo decisions. Accordingly,

1 OWCP previously accepted that appellant sustained left shoulder strain, neck sprain, and aggravation of cervical 

disc degenerative disease C6-7 due to a February 8, 2011 employment-related incident, shoveling snow to free her 

work vehicle under OWCP File No. xxxxxx807. OWCP administratively combined the current claim, OWCP File 

No. xxxxxx814, with File No. xxxxxx807 designated as the master file.

2 The Board notes that OWCP informed appellant that no further action would be taken under OWCP File No. 

xxxxxx356. OWCP File No. xxxxxx356 has been administratively closed. 

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

(February2000); T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued 

November 26, 2019).

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Id.; M.B.,Docket No. 20-1175 (issued December 31, 2020); L.M.,Docket No. 19-1490 (issued January 29, 2020).
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IT IS HEREBY ORDERED THAT the October 30, 2020 decision of the Office of 

Workers’ Compensation Programs under OWCP File No. xxxxx382 and the October 30 and 

November 17, 2020 merit decisions of OWCP under OWCP File No. xxxxxx814 are set aside and 

the cases are remanded for further proceedings consistent with this order of the Board.

Issued: December 9, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board