United States Department of Labor

Employees’ Compensation Appeals Board

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L.A., Appellant

and

U.S. POSTAL SERVICE, YONKERS POST 

OFFICE, Yonkers, NY, Employer

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Docket No. 23-0654

Issued: September 22, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On April 5, 2023 appellant filed a timely appeal from a December 21, 2022 merit decision 

and a March 21, 2023 nonmerit decision of the Office of Workers’ Compensation Programs 

(OWCP).1 The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0654.

On December 2, 2016 appellant, then a 24-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on December 1, 2016 she experienced pain in her lower back,

shoulders, and neck when carrying mail while in the performance of duty. OWCP assigned the 

claim File No. xxxxxx884 and accepted it for lumbar strain; right-side sciatica; lumbar

radiculopathy; and lumbar disc herniation at L4-5 and L5-S1. Appellant returned to work in a 

part-time light-duty capacity on December 17, 2018. OWCP paid her intermittent wage-loss 

compensation on the supplemental rolls from January 16, 2017 through March 26, 2020.

1 The Board notes appellant submitted additional evidence on appeal to the Board. However, the Board’s Rules of 

Procedures provides: “The Board’s review of a case is limited to the evidence in the case record that was before 

OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first 

time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for 

the first time on appeal. Id.
2

On March 2, 2020 appellant filed a Form CA-1 alleging that she sustained a low back injury 

on February 25, 2020 when handling a tub of mail while in the performance of duty. OWCP 

assigned this claim File No. xxxxxx575 and denied it by decision dated July 2, 2020. 

On July 18, 2022 appellant filed a claim for compensation (Form CA-7) for disability from 

work for the period April 11 through July 7, 2020, under the current claim file, OWCP File No. 

xxxxxx884.

By decision dated September 29, 2022, OWCP denied appellant’s claim for wage-loss 

compensation for disability from work for the period April 11 through July 7, 2020. 

On October 5, 2022 appellant requested reconsideration. 

By decision dated December 21, 2022, OWCP denied modification of the September 29, 

2022 decision.

On January 16, 2023 appellant requested reconsideration and submitted additional 

evidence.

By decision dated March 21, 2023, OWCP denied appellant’s request for reconsideration 

of the merits of her claim, pursuant to 5 U.S.C. § 8128(a). 

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 of the issues depends on frequent cross-referencing between case 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 the present 

claim for compensation under OWCP File No. xxxxxx884 alleges a recurrence of the accepted 

lumbar conditions from her December 1, 2016 work injury, and appellant also has a claim for a 

traumatic back injury on February 25, 2020 under OWCP File No. xxxxxx575. OWCP noted in 

the decision dated September 29, 2022 that the medical evidence justified disability due to the 

February 25, 2020 injury. 

For a full and fair adjudication, the case must be remanded to OWCP to administratively 

combine OWCP File Nos. xxxxxx575 and xxxxxx884, so it can consider all accompanying 

evidence in adjudicating appellant’s claims. Following this, and other such further development 

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

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, Doubling Case Files, Chapter 2.400.8c (February 2000); 

T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued November 26, 2019).

3

Id.; A.M., Docket No. 22-0095 (issued May 9, 2022); M.B., Docket No. 20-1175 (issued December 31, 2020); 

L.M., Docket No. 19-1490 (issued January 29, 2020).
3

IT IS HEREBY ORDERED THAT the December 21, 2022 and March 21, 2023 

decisions of the Office of Workers’Compensation Programs are set aside and the case is remanded 

for further proceedings consistent with this order of the Board.

Issued: September 22, 2023

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