United States Department of Labor

Employees’ Compensation Appeals Board

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A.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

New Orleans, LA, Employer

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Docket No. 22-0095

Issued: May 9, 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 October 22, 2021 appellant filed a timely appeal from an October 6, 2021 nonmerit

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

Boards docketed the appeal as Docket No. 22-0095.

On April 17, 2020 appellant, then a 51-year-old mail carrier, filed an occupational disease 

claim (Form CA-2) alleging that she sustained a meniscus tear of the left knee due to the factors 

of her federal employment, including sorting, lifting, pushing, and pulling up to 70 pounds of mail. 

She noted that she first became aware of her condition and realized its relation to her federal 

employment on November 1, 2016. Appellant did not stop work. OWCP assigned the claim 

OWCP File No. xxxxxx903.

1

By decision dated July 1, 2020, OWCP denied appellant’s occupational disease claim, 

finding that the medical evidence of record was insufficient to establish that appellant’s diagnosed 

meniscus tear of the left knee was causally related to the accepted factors of her federal 

employment.

1 The record reflects that appellant has a previously-accepted traumatic injury claim for an August10, 2018 left 

knee contusion under OWCP File No. xxxxxx441.
2

On June 1, 2021 appellant requested reconsideration of OWCP’s July 1, 2020 decision.

By decision dated October 6, 2021, OWCP denied appellant’s request for reconsideration 

of the merits of her claim,finding that she neither raised substantive legal questions, nor submitted 

new and relevant evidence.

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.2 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.3 Herein, appellant has a previously 

accepted traumatic injury claim for a left knee contusion, assigned OWCP File No. xxxxxx441. 

She subsequently, in the present claim under OWCP File No. xxxxxx903, filed an occupational 

disease alleging that she developed a left knee condition due to the accepted factors of her federal 

employment. Appellant’s files, however, have not been administratively combined.

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

combine the current case record, OWCP File No. xxxxxx903, with OWCP File No. xxxxxx441, 

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

current occupational disease claim. Following this and other such further development as deemed

necessary, OWCP shall issue an appropriate decision. Accordingly,

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, Doubling Case Files, Chapter 2.400.8c (February 2000); 

T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued November 26, 2019).

3

Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January 29, 2020).
3

IT IS HEREBY ORDERED THAT the October 6, 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: May 9, 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