United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

L.G., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Houston, TX, Employer

__________________________________________

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Docket No. 22-1097

Issued: February 21, 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 July 19, 2022 appellant filed a timely appeal from a July 14, 2022 nonmerit decision of

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

assigned the appeal Docket No. 22-1097.

On July 13, 2021 appellant, then a 28-year-old technical systems program manager, filed 

an occupational disease claim (Form CA-2) alleging that she injured her back due to factors of her 

federal employment, including attempting to prevent mail that she was delivering to a mailbox 

from falling to the ground. She noted that thereafter, she developed pain and burning in her back. 

Appellant also related that she was already working with restrictions of no bending at the time of 

her injury.

1

 She noted that she first became aware of her condition on April 14, 2015 and realized 

its relation to her federal employment on July 10, 2021. On the reverse side of the claim form, 

1 OWCP assigned the present claim OWCP File No. xxxxxx983. Appellant has a number of previously filed claims. 

She has a previously accepted April 14, 2015 traumatic injury claim (Form CA-1) for a neck and left elbow sprain, 

and shoulder tendon and bursae disorder under OWCP File No. xxxxxx544. Appellant previously filed a Form CA-2 

on December 3, 2020 alleging that she developed neck and shoulder conditions under OWCP File No. xxxxxx576, 

which OWCP denied by decision dated January 21, 2021; and she previously filed an August 26, 2019 Form CA-1 

alleging that she injured her left arm, shoulder and neck on August 19, 2019 under OWCP File No. xxxxxx728, which 

OWCP denied by decisions dated October 11, 2019 and January 10, 2020. These claims have not been 

administratively combined.
2

appellant’s supervisor indicated that the date she was last exposed to the conditions alleged to have 

caused her disease or illness was July 10, 2021. Appellant did not stop work.

By decision dated August 17, 2021, OWCP denied appellant’s occupational disease claim, 

finding that it was untimely filed pursuant to 5 U.S.C. § 8122.2

On September 17, 2021 appellant requested reconsideration of the August 17, 2021 

decision and submitted additional evidence in support of her request. 

By decision dated October 1, 2021, OWCP denied appellant’s request for reconsideration 

of the merits of her claim. It further noted that the alleged date of injury was the same date as 

appellant alleged in OWCP File Nos. xxxxxx155 and xxxxxx576.

On July 5, 2022 appellant again requested reconsideration of the August 17, 2021 decision 

and submitted additional evidence. Along with her request, she submitted an April 14, 2015 

routing slip and an August 19, 2019 traumatic injury claim (Form CA-1) from OWCP File No. 

xxxxxx728. Appellant also submitted an undated letter in which she referenced OWCP File No. 

xxxxxx544 and requested that OWCP reopen her 2015 injury case. She further indicated that she 

possessed magnetic imaging resonance (MRI) scan results from OWCP File No. xxxxxx544,

which she asserted had revealed bulging discs in her back and neck. 

By decision dated July 14, 2022, OWCP denied appellant’s request for reconsideration of 

the merits of the claim pursuant to 5 U.S.C. § 8128(a).

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.3 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.4 In a letter accompanying 

her request for reconsideration, appellant referenced OWCP File No. xxxxxx544 and attached an 

August 19, 2019 Form CA-1 from OWCP File No. xxxxxx728. OWCP’s October 1, 2021 denial 

of reconsideration further cross-referenced OWCP File Nos. xxxxxx544 and xxxxxx576. Thus, 

2

In a case of occupational disease, the time for filing a claim begins to run when the employee first becomes aware, 

or reasonably should have been aware, of a possible relationship between his or her condition and his or her 

employment. Such awareness is competent to start the limitation period even though the employee does not know the 

precise nature of the impairment or whether the ultimate result of such affect would be temporary or permanent.

Where the employee continues in the same employment after he or she reasonably should have been aware that he or 

she has a condition which has been adversely affected by factors of his or her federal employment, the time limitation 

begins to run on the date of the last exposure to the implicated factors. Section 8122(b) of FECA provides that the 

time for filing in latent disability cases does not begin to run until the claimant is aware, or by the exercise of reasonable 

diligence should have been aware, of the causal relationship between the employment and the compensable disability. 

5 U.S.C. § 8122(b); see also S.H. Docket No. 22-0610 (issued October 21, 2022).

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

(February 2000).

4

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

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

for a full and fair adjudication, this case must be returned to OWCP to administratively combine 

the current case record with OWCP File Nos. xxxxxx544, xxxxxx576, and xxxxxx728, so that it 

can consider all relevant claim files and accompanying evidence in adjudicating appellant’s current 

occupational disease claim.5 

Following this and other such further development as OWCP deems necessary, it shall 

issue an appropriate decision.

IT IS HEREBY ORDERED THAT the July 14, 2022 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: February 21, 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

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

18-1558, 18-1568 (issued June 21, 2019).