United States Department of Labor

Employees’ Compensation Appeals Board

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J.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

San Antonio, TX, Employer

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Docket No. 23-0162

Issued: June 22, 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

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On November 8, 2022 appellant filed a timely appeal from a July 1, 2022 merit decision 

and July 14, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards assigned Docket No. 23-0162.

On April 11, 2022 appellant, then a 67-year-old city carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on March 4, 2022 he injured his lower back, hips, and left leg and knee

when his left knee gave out without warning at the beginning of his delivery route, and he fell on 

his back while in the performance of duty. On the reverse side of the claim form, the employing 

establishment challenged his claim and noted that he missed a few weeks of work immediately 

preceding the date of injury due to an off-the-job knee injury. Appellant stopped work on March 4, 

2022 and returned to work on May 18, 2022. OWCP assigned the claim OWCP File No. 

xxxxxx516.

The employing establishment challenged the claim, noting that appellant had previously 

filed a September 9, 2020 occupational disease claim under OWCP File No. xxxxxx826 for a low 

back condition, which was denied.

By decision dated July 1, 2022, OWCP denied appellant’s claim, finding that he had not 

established that the diagnosed medical condition was causally related to the accepted Ma rch 4, 
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2022 employment incident. It concluded, therefore, that the requirements had not been met to 

establish an injury as defined by FECA.

On July 11, 2022 appellant requested reconsideration and submitted additional evidence. 

By decision dated July 14, 2022, OWCP denied his request for reconsideration of the merits of his

claim. 

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 depends on cross-referencing between files and when two or more injuries occur to 

the same part of the body.1 As appellant’s claims under OWCP File Nos. xxxxxx516 and 

xxxxxx826 both involve the lower back, these claims should be administratively combined for a 

full and fair adjudication.2 This will allow OWCP to consider all relevant claim files and 

accompanying evidence in developing this claim.

Accordingly, the Board will remand the case to OWCP to administratively combine OWCP 

File Nos. xxxxxx516 and xxxxxx826. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo merit decision.

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

(February 2000).

2 K.G., Docket No. 21-0068 (issued July 29, 2022); D.J., Docket No. 20-0997 (issued November 20, 2020); S.D.,

Docket No. 19-0590 (issued August 28, 2020).
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IT IS HEREBY ORDERED THAT July 1 and 14, 2022 decisions of the Office of 

Workers’ Compensation Programs are set aside, and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: June 22, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board