United States Department of Labor

Employees’ Compensation Appeals Board

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P.T., Appellant

and

U.S. POSTAL SERVICE, CANAL STREET 

POST OFFICE, New York, NY, Employer

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Docket No. 23-0020

Issued: June 9, 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

JAMES D. McGINLEY, Alternate Judge

On October 7, 2022 appellant filed a timely appeal from an April 12, 2022 nonmerit 

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

Boards assigned Docket No. 23-0020.

On January 4, 2019 appellant, then a 44-year-old city carrier, filed an occupational disease 

claim (Form CA-2) alleging that she sustained an L5-S1 back condition due to factors of her federal 

employment. She noted that she first became aware of her condition and its relation to factors of 

her federal employment on June 16, 2015.

1

In a development letter dated January 23, 2019, OWCP informed appellant of the 

deficiencies of her claim. It advised her of the type of factual and medical evidence needed and 

provided a questionnaire for her completion. OWCP afforded appellant 30 days to submit the 

necessary evidence.

1 OWCP assigned the present claim OWCP File No. xxxxxx284. Appellant alleged that she had been advised to 

file an occupational disease claim after a recurrence claim was denied. The Board notes that under OWCP File No. 

xxxxxx079, OWCP previously accepted that appellant sustained an employment-related L5-S1 herniated disc on 

October 18, 1995. Appellant’s claims have not been administratively combined.
2

OWCP subsequently received a series of medical reports dated January 20, 2015, from 

various physicians, which related appellant’s symptoms due to L4-S1 lumbar radiculopathy.

By decision dated March 6, 2019,OWCP denied appellant’s claim,findingthatthe medical 

evidence of record was insufficient to establish that appellant’s accepted work factors caused or 

aggravated her diagnosed condition.

On September 24, 2019 appellant requested reconsideration and submitted additional 

evidence, including September 13, 2019 and March 13, 2020 reports from Dr. Edwin M. Chang, a 

Board-certified neurosurgeon.

By decision dated April 28, 2020, OWCP denied modification. It noted that the medical 

evidence received under OWCP File No. xxxxxx079 had been reviewed, but that no additional 

relevant medical evidence had been received.

On December 4, 2020 appellant again requested reconsideration and submitted an 

October 9, 2020 report, wherein Dr. Chang noted appellant’s physical examination findings and 

diagnosed lumbar disc herniation with radiculopathy. He related that appellant’s October 1995 

employment injury resulted in a L5-S1 herniated disc with low back pain and bilateral lumbar 

radiculopathy. Dr. Changdiscussed appellant’s work capacity and advised that working four hours 

per day was optimal.

By decision dated January 14, 2021, OWCP denied modification.

On May 22, 2021 appellant requested reconsideration and submitted a report and work 

capacity evaluation (Form OWCP-5c) dated April 9, 2021 from Dr. Chang, which related 

unchanged findings.

By decision dated August 17, 2021, OWCP denied appellant’s request for reconsideration

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

On January 13, 2022 appellant again requested reconsideration. She asserted that OWCP 

erred in relying on the opinion of Dr. Aprin, an OWCP second opinion physician, in her prior 

claim. Accompanying her request for reconsideration was one page from a report by Dr. Aprin 

dated September 18, 2015, and revised on October 21, 2015, advising that appellant was capable 

of working four to six hours per day with restrictions. He indicated that appellant had decreased 

range of motion of her lumbar spine and positive findings on diagnostic studies, which had affected 

her work capacity. 

By decision dated April 12, 2022, 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 files.2 For 

example, if a new injury case is reported for an employee who previously filed an injury claim for 

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

(February 2000).
3

a similar condition or the same part of the body, doubling is required. 3 Herein, appellant’s claim 

under OWCP File No. xxxxxx079 also involved injuries to the lumbar spine. Therefore, for a full 

and fair adjudication, this case must be remanded for OWCP to administratively combine OWCP 

File Nos. xxxxxx284 and xxxxxx079, so it may consider all relevant claim files and accompanying 

evidence in adjudicating appellant’s current traumatic injury claim.4 Following this and other such 

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

IT IS HEREBY ORDERED THAT the April 12, 2022 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: June 9, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3

Id.; M.L., Docket No. 20-1176 (issued April29, 2021); L.M.,Docket No. 19-1490 (issued January 29, 2020);

L.H., Docket No 18-1777 (issued July 2, 2019).

4

Supra note 4 at Chapter 2.400.8c(1); W.D.,Docket No. 19-0961 (issued March 31, 2021); L.P.,Docket Nos. 

18-1558, 18-1568 (issued June 21, 2019).