United States Department of Labor

Employees’ Compensation Appeals Board

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R.C., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

CORPORAL MICHAEL J. CRESCENZ VA

MEDICAL CENTER, Philadelphia, PA,

Employer

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Docket No. 23-0904

Issued: November 15, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On June 21, 2023 appellant filed a timely appeal from a June 7, 2023 merit decision of the 

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

the appeal Docket No. 23-0904.

On March 21, 2023 appellant, then a 55-year-old health aid and technician, filed a 

traumatic injury claim (Form CA-1) alleging that on March 16, 2023 she was monitoring a cardiac 

catheterization while in the performance of duty, when K.S., the assistant nurse manager, asked to 

see her and led her without warning to a police officer. She asserted that she sustained workrelated traumatic mental instability, racial fatigue, elevated blood pressure and pulse rate, anxiety, 
2

headaches, insomnia, nausea, embarrassment, betrayal, isolation, and undue stress. Appellant 

stopped work on March 16, 2023.

1

By decision dated June 7, 2023, OWCP denied appellant’s emotional condition claim, 

finding that the evidence of record was insufficient to establish fact of injury because she had not 

established that the events or incident occurred as alleged. It noted that she had not responded to 

its development questionnaire. Consequently, OWCP found that appellant had not met the 

requirements to establish an injury as defined by FECA.

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

The Board notes that appellant’s prior claim under OWCP File No. xxxxxx428 also 

involved an emotional condition claim precipitated by interactions with the same manager.

However, appellant’s claims have not been administratively combined.

For a full and fair adjudication of appellant’s current claim, the case must be remanded for

OWCP to administratively combine the current case record with OWCP File No. xxxxxx428.

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Following this and other such further development as deemed necessary, OWCP shall issue a 

de novo decision.5 Accordingly,

1 OWCP assigned the present claim OWCP File No. xxxxxx002. Appellant previously filed a November 2, 2022 

traumatic injury claim under OWCP File No. xxxxxx428 alleging that on October 18, 2022 K.S. harassed her four 

times resulting in an emotional condition. Appellant’s claims have not been administratively combined.

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

(February 2000).

3

Id.; Order Remanding Case, B.P., Docket No. 21-0938 (issued April 6, 2022); Order Remanding Case, D.C.,

Docket No. 19-0100 (issued June 3, 2019); Order Remanding Case, N.M., Docket No. 18-0833 (issued April18, 

2019); Order Remanding Case, K.T., Docket No. 17-0432 (issued August 17, 2018).

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Id.; see also M.J., Docket No. 22-1357 (issued June 12, 2023).

5 Order Remanding Case, R.G., Docket No. 19-1755 (issued July 7, 2020).
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IT IS HEREBY ORDERED THAT the June 7, 2023 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: November 15, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board