United States Department of Labor

Employees’ Compensation Appeals Board

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M.M., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS,

MICHAEL E. DEBAKEY VA MEDICAL 

CENTER, Houston, TX, Employer

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Docket No. 21-1323

Issued: April 27, 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, Deputy Chief Judge

JANICE B. ASKIN, Judge

On August 31, 2021 appellant filed a timely appeal from a June 8, 2021 merit decision of 

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

docketed the appeal as No. 21-1323.

On January 8, 2021 appellant, then a 52-year-old nurse filed a traumatic injury claim (Form 

CA-1) alleging that on April 17, 2019 she experienced neck and back pain after repositioning a 

patient in the performance of duty. OWCP assigned the claim OWCP File No. xxxxxx591.

The record reflects that OWCP previously accepted a March 13, 2019 traumatic injury 

claim (Form CA-1) for strain of muscle, fascia, and tendon of lower back, under OWCP File No. 

xxxxxx946. In OWCP File No. xxxxxx946 appellant claimed a recurrence of disability as of 

April 17, 2019. 

In a development letter dated January 12, 2021, OWCP advised appellant of the type of 

factual and medical evidence required to establish her claim and provided a questionnaire for her 

completion. It afforded appellant 30 days to submit the necessary evidence. 

Appellant submitted a statement dated January 8, 2021. She attested that on April 17, 

2019, she returned to work after a previous injury to her lower back and was repositioning patients 
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when she experienced pain in her neck and back. Appellant related that she took pain medications 

and continued to work, but sought medical care in August 2019 after her pain became severe. 

Appellant submitted a subsequent statement dated February 10, 2021 wherein she 

explained that she originally thought that her pain was due to her initial muscle spasm, as she had 

experienced muscle spasm pain in her back in March 2019. She stated that she saw a doctor when 

her pain did not resolve, and she was placed on light duty in November 2019. Appellant noted 

that she was told to file a Form CA-7, instead of a Form CA-1, therefore she filed the wrong form 

for her claim.

By decision dated February 23, 2021, OWCP denied appellant’s claim, finding that she 

had not submitted any medical evidence containing a medical diagnosis in connection with the 

accepted incident. It concluded, therefore, that the requirements had not been met to establish an 

injury as defined by FECA. 

OWCP thereafter received medical evidence. In a report dated October 31, 2019, Dr. Karl 

Angelo Vega Leikes, an orthopedic spine surgeon, diagnosed a cervical sprain. He related that 

appellant was seen for a follow up appointment regarding her bilateral neck and upper back pain 

and that appellant’s symptoms were likely aggravated by heavy weight lifting and bending for 

prolonged periods of time, that were required of her job. Dr. Vega Leikes also provided work 

restrictions.

OWCP received a medical report dated September 8, 2020 from Dr. Robert Sickler, a 

Board-certified anesthesiology and pain medicine specialist, which related that appellant was seen 

for neck pain. Appellant was diagnosed with cervical spondylosis with radiculopathy, spinal 

stenosis in cervical region, and chronic pain syndrome. 

On March 10, 2021 appellant requested reconsideration of OWCP’s February 23, 2021

decision. In an accompanying statement, she related that her initial pain on April 17, 2019 was 

due to cumulative trauma from heavy lifting and repositioning of patients. 

By decision dated June 8, 2021, OWCP modified its February 23, 2021 decision to find 

that the evidence of record established a diagnosis; however, the claim remained denied as the 

medical evidence of record was insufficient to establish causal relationship of the diagnosed 

medical condition and the accepted employment incident.

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 of the issues depends on frequent cross-referencing between case files.1 For example, 

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

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

(February2000); T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued 

November 26, 2019).
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condition or the same part of the body, doubling is required. 2 In the present claim, appellant 

alleged injuries to her back and neck. OWCP previously accepted her claim for strain of muscle, 

fascia and tendon of lower back under OWCP File No. xxxxxx946, which occurred approximately 

one month prior, on March 13, 2019. However, evidence pertaining to that file is not part of the 

case record presented before the Board. For a full and fair adjudication, the case must be remanded 

to OWCP to administratively combine the current case record with OWCP File No. xxxxxx946, 

so it can consider all relevant claim files and accompanying evidence in adjudicating appellant’s 

current traumatic injury claim. Following this and other such further development as deemed 

necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the June 8, 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: April 27, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

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Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January 29, 2020).