United States Department of Labor

Employees’ Compensation Appeals Board

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K.G., Appellant

and

U.S. POSTAL SERVICE, ALBUQUERQUE 

PROCESSING & DISTRIBUTION CENTER,

Albuquerque, NM, Employer

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Docket No. 21-0068

Issued: July 29, 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

JAMES D. McGINLEY, Alternate Judge

On October 22, 2020 appellant filed a timely appeal from an August 26, 2020 nonmerit

decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP File No.

xxxxxx667. The Clerk of the Appellate Boards assigned the appeal Docket No. 21-0068.

On December 24, 2019 appellant, then a 46-year-old mail processing clerk, filed an 

occupational disease claim (Form CA-2) alleging that he developed a bulging disc in his lumbar 

spine due to factors of his federal employment. He noted that he first became aware of his

condition and realized its relation to his federal employment on August 1, 2013.

1

 Appellant did 

not stop work.

1 Appellant filed three additional occupational disease claims arising from the same factors of his federal 

employment under OWCP File No. xxxxxx171 for a June 1, 2013 right shoulder injury; under OWCP File No. 

xxxxxx663 for a September 27, 2013 neck injury; and under OWCP File No. xxxxxx172 for a January 1, 2014 bilateral 

carpal tunnel syndrome. OWCP has administratively combined appellant’s claims, with OWCP File No. xxxxxx171 

designated as the master file. OWCP has also previously accepted an October 21, 2016 traumatic injury claim for 

neck and lumbar sprains under OWCP File No. xxxxxx319. OWCP has not administratively combined xxxxxx319 

with the present claim.
2

By decision dated February 10, 2020, OWCP denied appellant’s claim, finding that the 

medical evidence of record was insufficient to establish causal relationship between his low back 

conditions and the accepted factors of his federal employment. Consequently, it found that 

appellant had not met the requirements to establish an injury as defined by FECA.

On August 12, 2020 appellant requested reconsideration of OWCP’s February 10, 2020

decision.

By decision dated August 26, 2020, OWCP denied appellant’s request for reconsideration 

of the merits of his claim.

The Board, having duly considered the matter, finds that this case is not in posture for 

decision. 

OWCP previously accepted that appellant sustained traumatic injuries to his low back and 

neck due to an October 21, 2016 motor vehicle accident under OWCP File No. xxxxxx319. In the 

present claim, appellant alleged injuries to his low back due to factors of his federal employment 

since 2013. 

Under its procedures, OWCP has determined that cases should be combined where a new 

injury case is reported for an employee who previously filed an injury claim for the same part of

the body and where correct adjudication depends on cross-referencing between files.2 This will 

allow OWCP to consider all relevant claim files in developing this occupational disease claim.3

Accordingly, for full and fair adjudication of the present claim, this case shall be remanded 

for OWCP to administratively combine File No. xxxxxx319 with the claims under OWCP Master 

File No. xxxxxx171. Following this and other such further development as deemed nece ssary, 

OWCP shall issue a de novo decision.4

2

Id.; W.W., Docket No. 19-0884 (issued June16, 2020); L.P., Docket Nos. 18-1558, 18-1568 (issued June 21, 

2019); L.S., Docket Nos. 17-1863, 17-1867, 17-1868 (issued April 18, 2018); W.S., Docket No. 15-0969 (issued 

October 5, 2015); C.C., Docket No. 14-1576 (issued March 9, 2015).

3

Id.

4 M.B., Docket No. 20-0770 (issued January5, 2021); R.G., Docket No. 19-1755 (issued July7, 2020); L.M., Docket 

No. 19-1490 (issued January 29, 2020).
3

IT IS HEREBY ORDERED THAT the August 26, 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: July 29, 2022

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