United States Department of Labor

Employees’ Compensation Appeals Board

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A.H., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Gastonia, NC, Employer

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Docket No. 20-1605

Issued: June 21, 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

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 8, 2020 appellant filed a timely appeal from a June 15, 2020 merit decision 

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

docketed the appeal as No. 20-1605.

On January 8, 2020 appellant, then a 54-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on December 23, 2019 he developed an emotional condition when 

a coworker drove the vehicle he was standing on the back of and then stopped, causing him to 

strike the vehicle and fall onto the parking lot sustaining physical injuries while in the performance 

of duty. He asserted that these actions by his coworker were deliberate and malicious, which 

caused him to develop an emotional condition including anger, stress, depression, anxiety, and 

pain. He stopped work on January 6, 2020.1 

In a statement, R.C., a postmaster with the employing establishment, noted that the vehicle 

incident occurred in 2014 under OWCP File No. xxxxxx326.

 

1 OWCP assigned the present claim OWCP File No. xxxxxx824. Appellant has a prior claim for September 27, 

2014 traumatic injury assigned OWCP File No. xxxxxx326. OWCP accepted that claim for sprains of the neck and 

back.
2

By decision dated February 24, 2020, OWCP denied appellant’s traumatic injury claim,

finding that he had not established the factual component of his claim, as he had not responded to 

its January 16, 2020 development questionnaire. It concluded, therefore, that the requirements had 

not been met to establish an injury as defined by FECA.

On March 25, 2020 appellant requested reconsideration and submitted a March 21, 2020 

narrative statement. He requested medical care to assist in improving his mental health following 

the September 27, 2014 employment incident.

By decision dated June 15, 2020, OWCP modified its February 24, 2020 decision, finding 

that appellant had not established a compensable factor of employment as causing or contributing 

to his diagnosed emotional condition.

The Board, having duly considered the 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 files.2 In the instant 

claim, OWCP File No. xxxxxx824, appellant has alleged stress and anxiety returning to work 

following the events of his accepted 2014 traumatic injury claim in OWCP File No. xxxxxx326.

The record before the Board does not contain the evidence from the 2014 traumatic injury 

claim, OWCP File No. xxxxxx326, thus precluding a full and proper adjudication of the issues 

presented in the present case, OWCP File No. xxxxxx824. The case must, therefore, be remanded 

to OWCP to administratively combine File Nos. xxxxxx824 and xxxxxx326. Following this and 

other such further development as it may deem necessary, OWCP shall issue a de novo decision.3

 

2 T.L., Docket No. 18-0935 (issued February 25, 2020); D.M., Docket No. 19-0340 (issued October 22, 2019); 

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

(February 2000).

3 See R.H., Docket No. 19-1457 (issued July 17, 2020); see also T.M., Docket No. 18-0887 (issued 

February 21, 2019).
3

IT IS HEREBY ORDERED THAT the June 15, 2020 decision of the Office of Workers’

Compensation Programs is set aside and this case is remanded for further proceedings consistent 

with this order of the Board.

Issued: June 21, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board