United States Department of Labor

Employees’ Compensation Appeals Board

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D.L., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

TOMAH VA MEDICAL CENTER, Tomah, WI, 

Employer

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Docket No. 21-0807

Issued: February 7, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On May 3, 2021 appellant filed a timely appeal from a February 25, 2021 merit decision

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

docketed the appeal as No. 21-0807.

On December 10, 2018 appellant, then a 41-year-old pharmacist/clinical specialist, filed 

an occupational disease claim (Form CA-2) alleging that he developed neck, back, hands, and 

wrist conditions due to repetitive factors of his federal employment. He noted that he had made a 

previous claim for injuries due to repetitive motion,

1

and that he had experienced a new progression

of symptoms due to his ongoing repetitive job duties. Appellant indicated that he first became 

aware of his condition and realized its relation to his federal employment on November 11, 2016. 

He did not stop work.

1 OWCP assigned the present claim OWCP File No. xxxxxx318. Appellant previously filed an August 10, 2017 

traumatic injury claim (Form CA-1) alleging that he injured his neck and right hand due to overuse of a computer 

mouse and keyboard under OWCP File No. xxxxxx088. The claims have not been administratively combined by 

OWCP.
2

In a January 8, 2019 development letter, OWCP informed appellant that the evidence of 

record was insufficient to establish his claim. It advised him of the type of factual and medical 

evidence needed to establish his claim and provided a questionnaire for his completion. OWCP 

afforded appellant 30 days to submit the necessary evidence.

In a January 14, 2019 response to OWCP’s questionnaire, appellant indicated that he began 

experiencing right thumb and wrist area pain and swelling in approximately September 2016. He 

noted that he first sought treatment on November 11, 2016 and requested that his supervisor, K.J., 

file a claim on his behalf on August 1, 2017. Appellant indicated that he worked at a computer, 

typed on a keyboard, and used a mouse eight hours per day, five days per week, which he believed 

caused pain in his thumb, wrist, and hand.

By decision dated April 2, 2019, OWCP denied appellant’s claim, finding that the medical 

evidence of record was insufficient to establish a medical diagnosis in connection with the accepted 

employment factors. Consequently, it found that the requirements to establish a claim under FECA 

had not been established.

On April 24, 2019 appellant requested review of the written record by a representative of 

OWCP’s Branch of Hearings and Review and submitted additional evidence.

By decision dated August 2, 2019, OWCP’s hearing representative modified the April 2, 

2019 decision, finding that appellant had submitted sufficient evidence to establish a diagnosis of 

right wrist arthritis. However, his claim remained denied because he had not submitted sufficient 

rationalized medical evidence to establish that the accepted employment factors caused or 

aggravated his diagnosed condition.

Appellant thereafter made a series of requests for reconsideration on December 5, 2019, 

April 15, 2020, and January 2, 2021, and submitted additional evidence with each request.

By decisions dated March 5 and July 17, 2020 and February 25, 2021, respectively, OWCP 

denied modification of its prior decisions.

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’s claim under 

OWCP File No. xxxxxx088 also involved injuries to the neck and right hand due to repetitive 

motion, which are at issue in the present claim under OWCP File No. xxxxxx318. For a full and 

fair adjudication, this case must be returned to OWCP to administratively combine the current case 

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

(February 2000).

3

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

record with OWCP File No. xxxxxx088, so it can consider all relevant claim files and 

accompanying evidence in adjudicating appellant’s current occupational disease claim.4 

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

novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the February 25, 2021 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 7, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

4 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).