United States Department of Labor

Employees’ Compensation Appeals Board

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L.B., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

JESSE BROWN VA MEDICAL CENTER, 

Chicago, IL, Employer

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Docket No. 21-0669

Issued: March 3, 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 March 9, 2021 appellant filed a timely appeal from an October 19, 2020 merit decision 

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

docketed the appeal as No. 21-0669.

On August 20, 2019 appellant, then a 60-year-old medical clerk, filed a traumatic injury 

claim (Form CA-1) alleging that on August 12, 2019 she reinjured her back and shoulder and 

sustained an emotional condition when she jumped under her desk to hide from a gunman with a 

rifle who had entered the employing establishment shouting while in the performance of duty. She 

explained that she was sitting at her desk near an entrance when the gunman appeared. Appellant 

stopped work on August 13, 2019 and returned to work on August 14, 2019. OWCP assigned the 

claim OWCP File No. xxxxxx965.1

1 The record reflects that appellant had previously filed a Form CA-1, under OWCP File No. xxxxxx287, alleging 

that on April30, 2014 she sustained injuries to her right knee, arm, and shoulder when computer cords wrapped around 

her foot as she tried to get up from her desk. By decision dated July 9, 2014, OWCP accepted the claim for right ankle 

sprain. Acceptance of that claim was later expanded to include the additional conditions of right shoulder strain, right 

lumbago, right wrist sprain, right Achilles tendinitis, right shouldersprain, right upper arm sprain, adhesive capsulitis 

of the right shoulder, and right trigger finger. 
2

By decision dated October 7, 2019, OWCP denied appellant’s claim, finding that the 

medical evidence of record was insufficient to establish that the diagnosed medical conditions 

were causally related to the accepted August 12, 2019 employment incident.

In a form dated and postmarked November 2, 2019, appellant requested review of the 

written record by a representative of OWCP’s Branch of Hearings and Review. She subsequently 

submitted additional evidence in support of her request.

By decision dated January 22, 2020, OWCP’s hearing representative set aside the 

October 7, 2019 decision and remanded the case for additional development of the factual 

evidence. The hearing representative also referenced appellant’s previously accepted claim in 

OWCP File No. xxxxxx287.

After further development of the additional factual and medical evidence, OWCP issued a 

May 7, 2020 decision denying appellant’s claim, finding that the medical evidence of record was 

insufficient to establish causal relationship between her diagnosed medical conditions and the 

accepted August 12, 2019 employment incident. 

In a form dated June 2, 2020 and received by OWCP on June 23, 2020, appellant requested 

review of the written record before an OWCP hearing representative. She subsequently submitted 

additional medical evidence.

By decision dated October 19, 2020, OWCP’s hearing representative denied modification 

of OWCP’s May 7, 2020 decision. 

The Board has duly considered the matter and 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 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 As the present case under 

OWCP File No. xxxxxx965 and the prior claim under OWCP File No. xxxxxx287 involve injuries 

to appellant’s back and shoulder, these claims must be administratively combined for a full and 

fair adjudication.4 This will allow OWCP to consider all relevant claim files and accompanying 

evidence in developing appellant’s current traumatic injury claim.5

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

(February2000).

3

Id.; L.G., Docket No. 18-1676 (issued August 22, 2019); D.L., Docket No. 17-1588 (issued January 28, 2019).

4

See C.Y., Docket No. 20-1079 (issued December 7, 2020); L.G., id.; K.T., Docket No. 17-0432 (issued 

August 17, 2018).

5

See e.g., G.R., Order Remanding Case, Docket No. 21-0338 (issued June 29, 2021); M.L., Order Remanding 

Case,Docket No. 20-1176 (issued April29, 2021).
3

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

File Nos. xxxxxx965 and xxxxxx287. Following this and other such further development as it 

deems necessary, OWCP shall issue a de novo decision.6

IT IS HEREBY ORDERED THAT the October 19, 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: March 3, 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

6

See T.L., Docket No. 18-0935 (issued February 25, 2020); T.M., Docket No. 18-0887 (issued February 21, 2019).