United States Department of Labor

Employees’ Compensation Appeals Board

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D.H., Appellant

and

DEPARTMENT OF THE ARMY, MILITARY

SURFACE DEPLOYMENT & DISTRIBUTION 

COMMAND, TOOELE ARMY DEPOT,

Tooele, UT, Employer

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Docket No. 23-0601

Issued: August 28, 2023

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

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 20, 2023 appellant filed a timely appeal from a February 15, 2023 merit decision 

of the Office of Workers’ Compensation Programs (OWCP) in OWCP File No. xxxxxx085. The 

Clerk of the Appellate Boards assigned the appeal Docket No. 23-0601.

On January 3, 2023 appellant, then a 61-year-old surveillance inspector,filed a traumatic 

injury claim (Form CA-1) alleging that on October 25, 2022 he injured his back and wrist when 

he slipped as he was stepping over the tracksinspecting rail cars while in the performance of duty. 

He explained that he tried to grab the side of the railcar to catch his fall, but because of his swollen 

hands and balance issues from a prior injury, he fell over, twisted his back, and sprained his wrist. 

OWCP received an October 31, 2022 initial industrial visit questionnaire from a healthcare 

provider, completed by appellant. Appellant noted two dates of injury, February 25, 2021, and 

October 25, 2022, and that he had an accepted claim for adverse effect of a viral vaccine. He

explained that his hands swelled, and he was unable to grip objects, which caused him to slip and 
2

fall. Appellant noted that his accepted claim for his vaccine injury caused continuous back pain, 

stability issues, eye issues, and auto-immune issues.1

In a report dated November 10, 2022, Dr. Jeffrey Gao, Board-certified in occupational 

medicine, diagnosed adverse effect or other viral vaccine effect.

In a January 5, 2023 claimant response form, appellant explained that he had balance issues 

from his prior vaccine claim which affected him whenwalking the rail tracks inspecting the railcars 

at work. 

In a December 15, 2022 statement, appellant explained that he had an accepted claim for 

adverse effect of viral vaccine, and that his medical condition affected his blood pressure, balance, 

stamina, edema in the hands, and grip. He noted that his blood pressure was tracked as it affected 

hisstability and that his last reading was elevated. Appellant recounted the facts and circumstances 

surrounding his alleged employment injury of October 25, 2022. He noted that he immediately 

reported the incident to his supervisor and a physician who provided him with work restrictions. 

Appellant further noted that his vaccine injury “has always been intermittent. Due to the Adverse 

Effect, I suffer many complications with eyesight, balance, stamina, grip, dexterity, blood pressure 

requiring medication and physical therapy.”

In a January 5, 2023 development letter, OWCP informed appellant of the deficiencies of 

his claim. It advised him of the type of medical and factual evidence necessary to establish his 

claim and provided a questionnaire for his completion. OWCP also requested additional 

information from the employing establishment. It afforded both parties 30 days to submit the 

necessary information.

OWCP received an October 25, 2022 report wherein Dr. Gao diagnosed lumbar spine 

sprain and bilateral wrist joint pain. Dr. Gao placed appellant on modified duty. 

By decision dated February 15, 2023, OWCP denied appellant’s claim. It found that the 

medical evidence did not demonstrate that the claimed employment injury and/or medical 

condition was caused by the accepted October 25, 2022 employment incident.

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 For example, if a 

1 Appellant has an accepted traumatic injury claim (Form CA-1) for a February 25, 2021 injury causing adverse 

effect of viral vaccine. OWCP assigned the claim OWCP File No. xxxxxx947. 

2

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

(February2000); see J.M., Docket No. 22-0333 (issued July 1, 2022); K.K., Docket No. 20-0581 (issued 

September 14, 2020).
3

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

Regarding alleged consequential injuries, in discussing the range of compensable 

consequences, once the primary injury is causally connected with the employment, the question is 

whether compensability should be extended to a subsequent injury or aggravation related in some 

way to the primary injury. The basic rule is that a subsequent injury, whether an aggravation of 

the original injury or a new and distinct injury, is compensable if it is the direct and natural result 

of a compensable primary injury.4

In his November 10, 2022 report, Dr. Gao diagnosed adverse effect or other viral vaccine 

effect. In his statement December 15, 2022, appellant indicated that his fall at work was due to 

medical conditions that resulted from his vaccine injury on February 25, 2021. He noted that his 

vaccine injury affected his eyesight, balance, stamina, grip, dexterity, and blood pressure, resulting 

in his fall.

As such, the Board finds that appellant’s claims under OWCP File Nos. xxxxxx085 and 

xxxxxx947 are related as appellant indicated that his fall at work in the new File No. xxxxxx085 

caused medical conditions resulting from his prior vaccine injury in File No. xxxxxx947. 

Therefore, for a full and fair adjudication, this case must be remanded to OWCP to administratively 

combine OWCP File Nos. xxxxxx085 and xxxxxx947. This will allow OWCP to consider all of 

the relevant claim files and accompanying evidence in developing appellant’s combined 

compensation claims. Following this and such further development as deemed necessary, OWCP 

shall issue de novo merit decisions regarding appellant’s claims. Accordingly,

3

Id.; D.C., Docket No. 19-0100 (issued June3, 2019); N.M., Docket No. 18-0833 (issued April18, 2019); K.T., 

Docket No. 17-0432 (issued August 17, 2018).

4

See C.H., Docket No. 20-0228 (issued October 7, 2020); see also K.S., Docket No. 17-1583 (issued 

May 10, 2018).
4

IT IS HEREBY ORDERED THAT the February 15, 2023 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: August 28, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board