United States Department of Labor

Employees’ Compensation Appeals Board

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V.D., Appellant

and

U.S. POSTAL SERVICE, BAKER POST 

OFFICE, Baker, LA, Employer

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Docket No. 23-0554

Issued: October 2, 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 March 1, 2023 appellant, through counsel, filed a timely appeal from a December 13, 

2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of 

the Appellate Boards assigned the appeal Docket No. 23-0554.

On August 30, 2022 appellant, then a 60-year-old rural carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on August 29, 2022 she fell down while unloading a mail truck 

and sustained an injury to her right knee and the left side of her low and middle back while in the 

performance of duty. OWCP assigned the claim OWCP File No. xxxxxx852.

Appellant had previously filed an occupational disease claim (Form CA-2) for an injury 

alleged to have occurred as of June 3, 2015, which OWCP accepted for a lumbar sprain under

OWCP File No. xxxxxx524. Appellant also had previously filed a Form CA-1 for a March 19, 

2016 traumatic injury, which OWCP accepted for sprain of ligaments of the cervical spine and 

sprain of ligaments of the lumbar spine under OWCP File No. xxxxxx176. She also filed a Form 

CA-1 for a lower back injury alleged to have occurred on March 10, 2017, which OWCP denied

under OWCP File No. xxxxxx678. OWCP administratively combined OWCP File Nos. 

xxxxxx176 and xxxxxx678.

By decision dated December 13, 2022, OWCP denied the instant claim, under OWCP File 

No. xxxxxx852, finding that causal relationship had not been established. 
2

The Board has duly considered this matter and concludes that the 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.1 For example, if a 

new injury case is reported for an employee who previously filed an injury claim for a similar 

condition, doubling is required.2 Herein, appellant had prior claims for conditions involving the 

lower back under OWCP File Nos. xxxxxx524, xxxxxx176, and xxxxxx678. She subsequently 

filed a traumatic injury claim on August 30, 2022 under the instant claim, OWCP File No. 

xxxxxx852.

For a full and fair adjudication, the case must be remanded to OWCP to administratively 

combine the current case record, OWCP File No. xxxxxx852, with OWCP File Nos. xxxxxx524, 

xxxxxx176, and xxxxxx678. On remand, OWCP shall review all relevant evidence to determine 

whether appellant has established an injury in the performance of duty. Following this and other 

such further development as deemed necessary, OWCP shall issue a de novo decision. 

Accordingly,

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

(February 2000).

2

Id.; S.G., Docket No. 21-0396 (issued September 27, 2021); R.L., Docket No. 20-0901 (issued July 27, 2021);

M.E., Docket No. 21-0094 (issued May 27, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket 

No 18-1777 (issued July 2, 2019).
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IT IS HEREBY ORDERED THAT the December 13, 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: October 2, 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