United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.S., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Milwaukee, WI, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-1407

Issued: March 8, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

JAMES D. McGINLEY, Alternate Judge

On September 20, 2021 appellant filed a timely appeal from an August 10, 2021 merit

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

Boards docketed the appeal as No. 21-1407.

On March 15, 2021 appellant, then a 58-year-old city carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on September 3, 2020, he injured his left knee and lower back when he 

slipped and fell backward when walking down a ramp while in the performance of duty.1 He did 

not stop work. 

By decision dated April 14, 2021, OWCP accepted that the September 3, 2020 incident 

occurred as described. However, it denied appellant’s traumatic injury claim, finding that the

medical evidence of record was insufficient to establish a causal relationship between the accepted

employment incident and her diagnosed medical conditions.

1 The record reflects that appellant has a previously-accepted traumatic injury claim under OWCP File No.

xxxxxx595 for sprain of left knee. 
2

On April 26, 2021 appellant requested a review of the written record by a representative of 

OWCP’s Branch of Hearings and Review. 

By decision dated August 10, 2021, OWCP denied modification of its prior decision. 

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 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, in the present claim, 

appellant alleged a left knee injury. He also has a previously accepted claim for a left knee sprain 

under OWCP File No. xxxxxx595. Therefore, for a full and fair adjudication, this case must be 

returned to OWCP to administratively combine the current case record with OWCP File No. 

xxxxxx595, so it can consider all relevant claim files and relevant evidence in adjudicating 

appellant’s current traumatic injury claim.4

Following this and other such further development as deemed necessary, it shall issue a 

de novo decision. 

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

(February2000).

3

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,

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

4

Supra note 2 at Chapter 2.400.8(c)(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 

18-1558, 18-1568 (issued June21, 2019).
3

IT IS HEREBY ORDERED THAT the August 10, 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: March 8, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board