United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.B., Appellant

and

U.S. POSTAL SERVICE, DES MOINES POST 

OFFICE, Des Moines, IA, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 23-0888

Issued: January 18, 2024

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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On June 14, 2023 appellant filed a timely appeal from a May 9, 2023 merit decision of the 

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

assigned the appeal, Docket No. 23-0888.

On May 28, 2020 appellant, then a 54-year-old mail handler, filed an occupational disease 

claim (Form CA-2) alleging that he developed a lower back injury on the right side, spinal 

narrowing on the right side, and weakness in the right leg and foot due to factors of his federal 

employment, including loading and unloading trailers with heavy loads of mail. He noted that he 

first became aware of his condition on January 5, 2019, and first realized its relation to his federal 

employment on July 29, 2019. OWCP assigned the claim, OWCP File No. xxxxxx907.

Appellant previously filed a traumatic injury claim (Form CA-1) for an October 26, 1988

injury under OWCP File No. xxxxxx964. OWCP accepted the claim for low back strain and 

granted him a schedule award for one percent permanent impairment of the right lower extremity. 

Appellant also filed a Form CA-2 on April 19, 2008 for low back and right leg conditions. OWCP 

assigned that claim, OWCP File No. xxxxxx822 and denied the claim. These two claims were 

administratively combined by OWCP, with the former serving as the master file. However, OWCP 

has not combined them with the instant claim.

By decision dated August 14, 2020, OWCP denied appellant’s claim under OWCP File 

No. xxxxxx907, finding that he had not established that the medical condition was causally related 

to the accepted factors of his federal employment.
2

Appellant requested reconsideration on January 5, 2021, January 19, 2022, and 

February 14, 2023 and submitted additional evidence. By decisions dated April 1 and 7, 2021, 

and May 9, 2023, OWCP denied modification of its prior decisions.

The Board, having duly considered the matter, finds that this case is not in posture for 

decision.

OWCP’s procedures provide that cases should be administratively combined when correct 

adjudication depends on cross-referencing between files and when two or more injuries occur to 

the same part of the body.1 As appellant’s claims under OWCP File Nos. xxxxxx964, xxxxxx822,

and xxxxxx907 each involve the lower back and right leg, these claims should be administratively 

combined for a full and fair adjudication.2 This will allow OWCP to consider all relevant claim 

files and accompanying evidence in developing this claim.

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

File Nos. xxxxxx964, xxxxxx822 and xxxxxx907. Following this and other such further 

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

IT IS HEREBY ORDERED THAT the May 9, 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: January 18, 2024

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

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

(February 2000).

2 K.G., Docket No. 21-0068 (issued July 29, 2022); D.J., Docket No. 20-0997 (issued November 20, 2020); S.D., 

Docket No. 19-0590 (issued August 28, 2020).