United States Department of Labor

Employees’ Compensation Appeals Board

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E.T., Appellant

and

U.S. POSTAL SERVICE, FEDERAL WAY 

POST OFFICE, Federal Way, WA, Employer

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Docket No. 23-0464

Issued: September 22, 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

JANICE B. ASKIN, Judge

On February 15, 2023 appellant filed a timely appeal from September 9 and December 6, 

2022 and January 6, 2023 merit decisions of the Office of Workers’ Compensation Programs 

(OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0464. 

On August 1, 2022 appellant, then a 55-year-old city carrier, filed an occupational disease 

claim (Form CA-2) alleging that he had a torn meniscus in his left knee in the same location as a 

previous 2018 injury due to factors of his federal employment, including walking 13 miles, 

climbing 56 flights of steps, sorting mail, and lifting trays of mail and parcels weighing up to 70 

pounds each day. He noted that he first became aware of his claimed condition and realized its 

relation to his federal employment on July 23, 2022. OWCP assigned the claim OWCP File No. 

xxxxxx501.

Appellant had previously filed a traumatic injury claim (Form CA-1) for an injury sustained 

on August 14, 2018, which OWCP accepted for sprain of unspecified site of left knee. OWCP 

assigned this prior claim, OWCP File No. xxxxxx107. Appellant also had previously filed a Form 

CA-1 for an injury sustained on April 12, 2022 for a dog bite on the backside of his left leg under 

OWCP File No. xxxxxx023. 

By decision dated September 9, 2022, OWCP denied the present claim, under OWCP File 

No. xxxxxx501, finding that causal relationship had not been established.
2

On December 1, 2022 appellant requested reconsideration and submitted additional 

medical evidence. By decision dated December 6, 2022, OWCP denied modification of its 

September 9, 2022 decision.

On January 1, 2023 appellant requested reconsideration and continued to submit evidence. 

By decision dated January 6, 2023, OWCP denied modification of its December 6, 2022 decision, 

referencing his prior claim under OWCP File No. xxxxxx107.

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 left lower extremity 

conditions under OWCP File Nos. xxxxxx107 and xxxxxx023. He subsequently filed an 

occupational disease claim on August 1, 2022 under the instant claim, OWCP File No. xxxxxx501, 

also concerning a left lower extremity condition.

Therefore, for a full and fair adjudication, the case must be remanded to OWCP to 

administratively combine the current case record, OWCP File No. xxxxxx501, with OWCP File 

Nos. xxxxxx107 and xxxxxx023. 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 January 6, 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: September 22, 2023

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