United States Department of Labor

Employees’ Compensation Appeals Board

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E.D., Appellant

and

U.S. POSTAL SERVICE, OZONE PARK 

ANNEX, Jamaica, NY, Employer

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Docket No. 20-0745

Issued: May 18, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On February 18, 2020 appellant filed a timely appeal from a January 29, 2020 merit 

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

Boards assigned the appeal Docket No. 20-0745.

On June 30, 2008 appellant, then a 30-year-old carrier, filed a traumatic injury claim (Form 

CA-1) alleging that on that date she picked up a heavy box and injured her left wrist while in the 

performance of duty. She stopped work on June 30, 2008. OWCP assigned the claim File No. 

xxxxxx383 and accepted it for left wrist sprain and left wrist de Quervain’s disease.

1

It paid 

appellant compensation on the periodic rolls beginning August 31, 2008. Appellant returned to 

limited-duty work on November 5, 2008. On February 10, 2012 she accepted another modified 

position at limited duty working three hours per day.

In a letter dated November 11, 2019, under OWCP File No. xxxxxx540, Dr. Yehuda E. 

Kleinman, Board-certified in orthopedic surgery and sports medicine, indicated that appellant had 

 

1 On January 8, 2009 appellant filed a traumatic injury claim (Form CA-1) alleging that on that date, she slipped on 

black ice and injured her left wrist, shoulder, and hand. OWCP assigned the claim File No. xxxxxx436. On 

November 12, 2019 appellant filed an occupational disease claim (Form CA-2) alleging that she sustained severe 

bilateral wrist pain causally related to factors of her federal employment. She indicated that she first became aware 

of her condition on November 13, 2017 and of its relationship to her federal employment on December 27, 2017. 

OWCP assigned the claim File No. xxxxxx540.
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been under his care since 2010 and had not been able to work since December 27, 2017 due to a 

June 30, 2008 work-related injury. He explained that appellant’s right wrist became symptomatic 

secondary to this work-related injury, as she experienced constant left wrist pain, and compensated 

it with her right hand. Dr. Kleinman concluded that, due to a worsening condition of the left wrist 

and developing right wrist dysfunction, appellant was unable to work. He opined that appellant’s 

bilateral de Quervain’s tenosynovitis was caused by factors of her federal employment including 

repetitive movement and use of both hands.

On November 12, 2019 appellant filed a notice of recurrence (Form CA-2a), claiming 

disability beginning December 27, 2017 causally related to her June 30, 2008 employment injury. 

The employing establishment advised that she had performed modified employment subsequent 

to her injury and that her last day at work was December 27, 2017.

In a statement dated January 5, 2020, under OWCP File No. xxxxxx540, appellant alleged 

that her claimed condition developed due to over-compensating for constant left wrist pain with 

reliance on her right hand, which she first noticed on November 13, 2017.

By decision dated January 29, 2020, OWCP found that the medical evidence of record was 

insufficient to establish an employment-related recurrence of disability beginning December 27, 

2017 causally related to appellant’s June 30, 2008 employment injury. It noted that she had 

claimed a new occupational disease with an injury date of November 13, 2017, which would be 

adjudicated separately.

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

decision. Under OWCP File No. xxxxxx540, an occupational disease claim, appellant has alleged 

in part that her current de Quervain’s tenosynovitis of the right hand and wrist is a consequential 

injury related to her accepted left wrist condition(s) under OWCP File No. xxxxxx383. 

Additionally, the Board notes that her November 13, 2019 Form CA-2, under File No. xxxxxx540,

references bilateral wrist pain. At the time of the January 29, 2020 decision, the claims under 

OWCP File Nos. xxxxxx383 and xxxxxx540 had not yet been administratively combined. OWCP 

combined the case records, following the Board’s order on October 26, 2020, in OWCP File No. 

xxxxxx540.2 As such, the January 29, 2020 decision did not properly review the combined case 

records as the current claim file, OWCP File No. xxxxxx383, did not contain medical evidence 

located in the other claim files.3

The Board, therefore, finds that for a full and fair adjudication of appellant’s pending 

appeal of the denial of her November 12, 2019 recurrence claim, the case file shall be returned to 

OWCP to consider all relevant medical evidence located in File No. xxxxxx540. Following this 

and other such further development as it deems necessary, OWCP shall issue a de novo decision.

 

2 Docket No. 20-0830 (issued October 26, 2020).

3 R.S., Order Remanding Case, Docket No. 19-0416 (issued November 26, 2019); E.P., Docket No. 18-1333 (issued 

March 22, 2019); K.T., Docket No. 17-0432 (issued August 17, 2018).
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IT IS HEREBY ORDERED THAT the January 29, 2020 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: May 18, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board