United States Department of Labor

Employees’ Compensation Appeals Board

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M.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Austin, TX, Employer

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Docket No. 22-0217

Issued: July 22, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On November 22, 2021 appellant filed a timely appeal from a September 23, 2021

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

Appellate Boards docketed the appeal as Docket No. 22-0217.

On August 21, 2019 appellant, then a 45-year-oldclerk, filed an occupational disease claim 

(Form CA-2) alleging that she developed neck pain and headaches with associated nerve damage, 

as well as nerve damage in both wrists, due to factors of her federal employment.1 She stated that

she was required to constantly bend and twist her neck, intermittently push, pull, and lift up to 75 

pounds intermittently, and continuously pitch parcels. Appellant explained that constant daily 

simple grasping and fine manipulation caused numbness and tingling in her wrist. She noted that 

she first became aware of her condition and its relation to her federal employment on 

August 20, 2018. On the reverse side of the claim form, appellant’s supervisor noted that appellant

was presently working with restrictions. 

1 OWCP assigned OWCP File No. xxxxxx748. It previously accepted an April19, 2017 traumatic injury claim 

(Form CA-1) under OWCP File No. xxxxxx627 for impingement syndrome of left shoulder, sprain of left elbow, 

sprain of ligaments of cervical spine, superior glenoid la brum lesion of left shoulder, and superior glenoid labrum 

lesion of right shoulder. Appellant’s claims have not been administratively combined by OWCP.
2

By decision dated November 26, 2019, OWCP denied appellant’s claim, finding that the 

factors of her federal employment had not been established. It noted that appellant had been 

working under limited-duty work restrictions since May 3, 2017 under OWCP File No. xxxxxx627 

that “prohibited [her] from performing the tasks [she] claimed caused this injury.” OWCP 

concluded, therefore, that the requirements had not been met to establish an injury as defined by 

FECA.

On December 13, 2019appellant requested reconsideration. By decision dated January 14, 

2020, OWCP denied modification of its November 26, 2019 decision.

On January 27, 2020 appellant requested reconsideration. By decision dated April 16, 

2020, OWCP denied modification of its January 14, 2020 decision.

On January 12, 2021 appellant requested reconsideration. By decision dated February 12, 

2021, OWCP denied appellant’s request for reconsideration of the merits of her claim, pursuant to 

5 U.S.C. § 8128(a).

On September 20, 2021 appellant requested reconsideration. By decision dated 

September 23, 2021, OWCP denied appellant’s reconsideration request, finding that it was 

untimely filed and failed to demonstrate clear evidence of error.

The Board has duly considered the matter and concludes 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 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 had a 

prior traumatic injury claim for left upper extremity, bilateral shoulder, and cervical spine 

conditions, assigned OWCP File No. xxxxxx627. She subsequently filed an occupational disease 

claim for the same regions of the body on August 21, 2019, assigned OWCP File No. xxxxxx748, 

which is the claim presently before the Board. Additionally, OWCP referenced OWCP File No. 

xxxxxx627 in its denials of the claim before the Board.

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

combine the current case record, OWCP File No. xxxxxx748, with OWCP File No. xxxxxx627, 

so it can review all appellant’s relevant claim files in determining whether appellant has submitted 

sufficient evidence to demonstrate clear evidence of error. Following this and such further 

development as OWCP deems necessary, it shall issue an appropriate decision. Accordingly,

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

(February2000).

3

Id.; S.G., Docket No. 21-0396 (issued September 27, 2021); R.L., Docket No. 20-0901 (issued July 27, 2021);

M.E., Docket No. 21-0094 (issued May 27, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket 

No. 18-1777 (issued July 2, 2019).
3

IT IS HEREBY ORDERED THAT the September 23, 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: July 22, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board