United States Department of Labor

Employees’ Compensation Appeals Board

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T.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Los Lunas, NM, Employer

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Docket No. 21-0049

Issued: May 3, 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

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On October 18, 2020 appellant filed a timely appeal from a September 10, 2020 nonmerit 

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

Boards assigned Docket No. 21-0049.1

On December 29, 2015 appellant, then a 47-year-old rural mail carrier, filed a traumatic 

injury claim (Form CA-1) alleging that, when delivering a package on December 28, 2015, she 

slipped on ice and landed on her tailbone and elbow while in the performance of duty. OWCP 

assigned the claim File No. xxxxxx147, and on July 27, 2017 it accepted her claim for an upper 

back strain, back contusion, sacroiliitis, myalgia, low back strain, sacroiliac subluxation, other 

thoracic intervertebral disc displacement, aggravated mid-cervical disc degeneration, bladder 

dysfunction, and contusion of the right elbow. OWCP has continued to receive numerous medical 

reports in this OWCP file. 

 

1 The Board notes that OWCP received additional evidence following the September 10, 2020 decision. However, 

the Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record 

that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the 

Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this 

additional evidence for the first time on appeal. Id.
2

On May 3, 2018 appellant, then a 50-year-old mail carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on August 16, 2017 she injured her back when she was driving in her 

employing establishment vehicle and hit a pothole while in the performance of duty. She stated 

that her back was thrown out of alignment and she experienced immense pain in her lower back 

and legs, and she related that she was unable to finish her route or stand up and had to be taken by 

ambulance to the emergency room. OWCP assigned the claim File No. xxxxxx682, and on May 9, 

2019 OWCP accepted appellant’s claim for an aggravation of other intervertebral disc 

displacement of the thoracolumbar region. 

On July 29, 2019 appellant filed claims for compensation (Form CA-7) for disability for 

the periods September 7 to December 30, 2017, January 2 to April 28, 2018, and May 28 to 

July 11, 2018. 

In a development letter dated August 5, 2019, OWCP informed appellant of the 

deficiencies of her claim for compensation. It advised her of the type of medical evidence 

necessary to establish her claim and provided 30 days for her to submit the requested evidence. 

By decision dated September 4, 2019, OWCP denied appellant’s compensation claim, 

finding that the medical evidence of record was insufficient to establish total disability from work 

for the periods September 7 to December 30, 2017, January 2, 2018 to April 28, 2018, and May 28, 

2018 to July 11, 2018.

On September 8, 2020 appellant requested reconsideration. By decision dated 

September 10, 2020, OWCP denied her reconsideration request, finding that it was untimely filed

and failed to demonstrate clear evidence of error. 

The Board 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

As the instant claim under OWCP File No. xxxxxx682 and the claim under OWCP File 

No. xxxxxx147 both involve injuries to appellant’s back, these claims must be administratively

combined for a full and fair adjudication.4 The Board notes that both OWCP files continued to 

receive medical evidence during the relevant time periods. This will allow OWCP to consider all 

relevant claim files and accompanying evidence in developing appellant’s current compensation 

claim.

 

2 R.R., Docket No. 19-0368 (issued November 26, 2019); Federal (FECA) Procedure Manual, Part 2 -- Claims, File 

Maintenance & Management, Chapter 2.400.8c (February 2000).

3

Id.

4 S.D., Docket No. 19-0590 (issued August 28, 2020).
3

Accordingly, the Board will remand the case to OWCP to administratively combine the 

present claim with OWCP File No. xxxxxx147. Following this and other such further development 

as deemed necessary, OWCP shall issue a de novo merit decision on appellant’s compensation 

claim.

IT IS HEREBY ORDERED THAT the September 10, 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 3, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board