United States Department of Labor

Employees’ Compensation Appeals Board

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B.C., Appellant

and

U.S. POSTAL SERVICE, HARVEST POST 

OFFICE, Harvest, AL, Employer

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Docket No. 21-0585

Issued: March 11, 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 March 5, 2021 appellant filed a timely appeal from a November 13, 2020 merit decision 

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

docketed the appeal as No. 21-0585.

On May 7, 2018 appellant, then a 58-year-old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on May 4, 2018,1 at approximately 8:30 a.m., he strained his back when 

picking up a delivery point sequence (DPS) tray while in the performance of duty. He stopped 

work on the alleged date of injury. OWCP assigned the claim OWCP File No. xxxxxx463.2

1 Appellant indicated on his claim form that the injury occurred on May 5, 2018. In a June 11, 2018 letter, however, 

appellant clarified that the correct date of injury was May 4, 2018. In a June 13, 2018 letter, the employing 

establishment notified OWCP that the correct date of injury was May 4, 2018. In a June 19, 2018 letter, OWCP 

notified appellant that his date of injury was changed to May 4, 2018.

2 The record reflects that appellant has a prior claim for a February 4, 2009 traumatic injury, that was accepted for

lumbar sprain under OWCP File No. xxxxxx873. Appellant also has a prior claim for a June 7, 2011 traumatic injury 

accepted for shoulder and upper arm sprains; abrasions/friction burn; contusion; face, neck, and scalp

abrasions/friction; neck sprain; lumbar sprain; and concussion under OWCP File No. xxxxxx378. Additionally, he

filed a Form CA-1 on September 29, 2017 alleging that he sustained a work-related back and neck injury on that date 

under OWCP File No. xxxxxx574. Appellant subsequently filed another Form CA-1 alleging that on November 16, 

2017 he strained his mid-back under OWCP File No. xxxxxx665. 
2

By decision dated January 14, 2019, OWCP accepted that the May 4, 2018 incident 

occurred as alleged, but denied appellant’s claim as the medical evidence of record was insufficient 

to establish causal relationship between a diagnosed medical condition and the accepted 

employment incident.

OWCP received additional medical evidence.

On September 21, 2019 appellant requested reconsideration.

By decision dated November 8, 2019, OWCP modified the January 14, 2019 decision to 

find that appellant had not established the factual component of his claim.

On February 4, 2020 appellant requested reconsideration and submitted additional medical 

evidence.

By decision dated March 23, 2020, OWCP denied modification.

On June 19, 2020 appellant requested reconsideration. By decision dated September 11, 

2020, OWCP denied modification of the March 23, 2020 decision.

On October 1, 2020 appellant requested reconsideration and submitted additional evidence.

By decision dated November 13, 2020, OWCP denied modification.

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 the present claim, 

appellant alleged injuries to his back, shoulders, and neck. He has prior claims before OWCP 

alleging neck, shoulder, and back injuries, including previously accepted claims under OWCP File 

Nos. xxxxxx873 and xxxxxx378. However, OWCPhas not administratively combined appellant’s 

claims. 

For a full and fair adjudication of appellant’s current claim, the case must be remanded to 

OWCP to administratively combine the current case record with OWCP File Nos. xxxxxx873, 

xxxxxx378, xxxxxx574, and xxxxxx665.

5

 Following this and other such further development as 

OWCP deems necessary, it shall issue a de novo decision.

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

(February2000).

4

Id.; L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket No 18-1777 (issued July 2, 2019).

5

Id.
3

IT IS HEREBY ORDERED THAT the November 13, 2020 decision of the Office of 

Workers’ Compensation Programs is set aside and this case is remanded for further proceedings 

consistent with this order of the Board.

Issued: March 11, 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