United States Department of Labor

Employees’ Compensation Appeals Board

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S.W., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

JOHN J. PERSHING VA MEDICAL CENTER, 

Poplar Bluff, MO, Employer

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Docket No. 20-0008

Issued: March 4, 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, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On October 2, 2019 appellant filed a timely appeal from a May 16, 2019 merit decision of 

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

docketed the appeal as No. 20-0008. 

On January 17, 2019 appellant, then a 47-year-old medical technologist, filed a traumatic 

injury claim (Form CA-1) alleging that on January 14, 2019 he had difficulty breathing and 

experienced swelling of the brain and body when he was exposed to mold at work while in the 

performance of duty. He stopped work on the date of the claimed injury. In support of his claim, 

appellant submitted medical evidence. OWCP assigned this claim OWCP File No. xxxxxx215. 

Following development of the evidence, OWCP, by decision dated March 1, 2019, denied 

appellant’s traumatic injury claim on the factual component because the evidence of record did 

not support that the January 14, 2019 exposure occurred as alleged. It concluded, therefore, that 

the requirements had not been met to establish an injury as defined by FECA. Additionally, OWCP

noted that appellant had filed a prior occupational disease claim (Form CA-2) in OWCP File No. 

xxxxxx158 for an injury caused by workplace mold exposure, which would be addressed in a 

separate decision. It noted that the alleged employment-related mold exposure in the claim in 
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OWCP File No. xxxxxx158 and the current claim in OWCP File No. xxxxxx215 occurred over a 

period much longer than one shift

On March 19, 2019 appellant requested reconsideration and submitted additional evidence. 

He contended that he submitted test results, photographs, and witness statements that were 

sufficient to establish that he was exposed to mold at work, as well as medical evidence sufficient 

to establish that he had an asthmatic reaction after being exposed to mold.

By decision dated May 16, 2019, under OWCP File No. xxxxxx215, OWCP denied 

modification of its March 1, 2019 decision. It again referenced appellant’s claim for mold 

exposure under OWCP File No. xxxxx158.

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 

a new injury is reported for an employee who previously filed a claim for a similar injury and 

further indicates that the cases should be administratively combined as soon as the need to do so 

becomes apparent.1 The record reflects that appellant filed an occupational disease claim in 

OWCP File No. xxxxxx158 and, thereafter, filed the current traumatic injury claim for the same 

condition. As both claims involve an asthmatic reaction to the exposure of mold, the claims must 

be administratively combined for a full and fair adjudication of appellant’s present claim. This 

will allow OWCP to consider all relevant claim files and accompanying evidence in developing 

appellant’s current traumatic injury claim. 

The case shall therefore be remanded for OWCP to administratively combine OWCP File 

Nos. xxxxxx215 and xxxxxx158. Following this and other such further development as deemed 

necessary, itshall issue a de novo decision.

1 Federal (FECA) Procedure Manual, Part 2 --Claims, Doubling Case Files, Chapter 2.400.8(c)(1) (February 2000);

see R.R., Docket No. 20-0911 (issued October 30, 2020); T.M., Docket Nos. 09-1090 and 09-2226 (issued 

March 8, 2010).
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IT IS HEREBY ORDERED THAT the May 16, 2019 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 4, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board