United States Department of Labor

Employees’ Compensation Appeals Board

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G.N., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Kennedy, NY, Employer

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Docket No. 20-0945

Issued: April 12, 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

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 21, 2020 appellant filed a timely appeal from a March 10, 2020 merit decision 

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

docketed the appeal as No. 20-0945.

On April 25, 2019 appellant, then a 55-year-old clerk, filed a traumatic injury claim (Form 

CA-1) alleging that, on April 24, 2019, she sustained head, neck, back, hip, and arm injuries when 

she became unbalanced and fell as she attempted to sit down while in the performance of duty. 

She noted that her back and neck were never fully healed from a work accident that occurred 14 

months prior.

1

 Appellant stopped work on April 26, 2019 and returned to part-time, modifiedduty work of 3.25 hours per day on May 20, 2019. OWCP assigned this claim OWCP File No. 

xxxxxx418.

On May 31, 2019 OWCP accepted the conditions of cervical strain and concussion without 

loss of consciousness as work related. It paid appellant wage-loss compensation on the 

supplemental rolls for her loss of wage-earning capacity.

1 Appellant has a previously accepted traumatic injury claim assigned OWCP File No. xxxxxx387 for neck and 

back injuriessustained on February 14, 2018.
2

In an October 21, 2019 note, Luke M. Martinic, a physician assistant, noted that appellant 

was under medical care for ongoing neck and low back conditions as a result of a work injury. He 

advised that she was temporarily totally disabled from her regular work and markedly partially 

disabled with regard to all work. Therefore, Mr. Martinic concluded that appellant was unable to 

carry out her physical duties as a clerk for the employing establishment. He indicated that the 

position was too physically demanding for her and it would ultimately continue to aggravate her 

underlying condition.

On October 31, 2019 appellant filed a notice of recurrence (Form CA-2a) claiming 

disability beginning October 21, 2019 due to her accepted April 24, 2019 employment injury. She 

explained that she had continuing symptoms of her accepted injury. 

Thereafter, OWCP received medical evidence, including medical reports from

Dr. Edward D. Simmons, an attending Board-certified orthopedic surgeon. 

OWCP, in a development letter dated February 5, 2020, informed appellant of the 

deficiencies in her recurrence claim and informed her of the type of evidence necessary to establish 

her claim. It noted that appellant’s accepted conditions were cervical strain and concussion 

without loss of consciousness. OWCP requested that appellant provide a rationalized medical 

report explaining the basis of her claimed recurrence. It afforded her 30 days to submit the 

necessary evidence.

OWCP received additional medical evidence, including an October 21, 2019 letter from

Dr. Simmons wherein he opined that appellant’s ongoing symptoms remained causally related to 

her previously accepted February 14, 2018 work injury. 

By decision dated March 10, 2020, OWCP denied appellant’s recurrence claim, finding 

that she had not established that she was disabled from work due to a material change or worsening 

of her accepted April 24, 2019 work-related conditions.

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.2 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. 3 Herein, appellant has a 

previously accepted traumatic injury claim for a February 14, 2018 employment injury in OWCP 

File No. xxxxxx387 involving her cervical and lumbar spine. OWCP subsequently accepted a 

traumatic injury claim due to an April 24, 2019 employment incident, resulting in cervical strain 

and concussion without loss of consciousness, in OWCP File No. xxxxxx418. Appellant 

subsequently filed a claim for recurrence of disability for the accepted April 24, 2019 traumatic 

injury, which OWCP denied. On appeal, she contends that she sustained a recurrence of disability 

2

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

(February2000).

3

Id.; D.C., Docket No. 19-0100 (issued June3, 2019); N.M., Docket No. 18-0833 (issued April18, 2019); K.T., 

Docket No. 17-0432 (issuedAugust17, 2018).
3

on April 24, 2019 due to her previously accepted claim under OWCP File No. xxxxxx387. OWCP 

failed to properly combine the present case record with the record of the February 14, 2018

employment injury, which appellant has noted was her first work-related cervical and lumbar spine 

injuries causing disability. For a full and fair adjudication, the case must be returned to OWCP to 

administratively combine OWCP File Nos. xxxxxx418 and xxxxxx387.4 Following this and such 

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

IT IS HEREBY ORDERED THAT the March 10, 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: April 12, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

4 Order Remanding Case, K.B., Docket No. 17-2004 (issued May 4, 2018).