United States Department of Labor

Employees’ Compensation Appeals Board

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B.M., Appellant

and

DEPARTMENT OF HOMELAND SECURITY,

U.S. SECRET SERVICE, Washington, DC,

Employer

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Docket Nos. 23-0426, 

23-0427, & 23-0428

Issued: September 20, 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

JURISDICTION

On February 3, 2023 appellant filed a timely appeal from a November 29, 2022 merit

decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP File No.

xxxxxx178. The Clerk of the Appellate Boards assigned Docket No. 23-0426.

Also on February 3, 2023, appellant filed timely appeals from November 29 and 

December 7, 2022 merit decisions of OWCP under OWCP File Nos. xxxxxx193 and xxxxxx643. 

The Clerk of the Appellate Boards assigned those appeals Docket No. 23-0427 and 23-0428,

respectively. 

Under OWCP File No. xxxxxx178, on October 12, 2022, appellant then a 39-year-old 

criminal investigator, filed a traumatic injury claim (Form CA-1) alleging that on January 7, 2021 

she fell when performing pullups to maintain mandatory fitness standards and developed tightness 

in her lower back and left hamstring while in the performance of duty. She related that she 

subsequently felt the same pain on March 1, 2022 when she was performing deadlifts to maintain 

fitness standards and felt a pull in her lower back. Appellant related that a magnetic resonance 

imaging (MRI) scan demonstrated a “massive herniation at the L5-S1 vertebra.” She did not stop
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work. By decision dated November 29, 2022, OWCP accepted that the January 7, 2021 

employment incident occurred as alleged. However, it denied appellant’s traumatic injury claim, 

finding that the evidence of record was insufficient to establish causal relationship between her 

diagnosed medical condition and the accepted January 7, 2021 employment incident. 

Under OWCP File No. xxxxxx193, on October 12, 2022, appellant filed a traumatic injury 

claim (Form CA-1) alleging that on August 20, 2018 she developed a herniated disc at L5-S1 after 

participating in a mandatory physical fitness assessment while in the performance of duty. She 

related that she completed a 1.5 mile run, and immediately felt tingling and a dull pain radiating 

down her left leg. Appellant did not stop work. By decision dated November 29, 2022, OWCP 

accepted that the August 20, 2018 employment incident occurred as alleged. However, it denied 

appellant’s traumatic injury claim, finding that the medical evidence of record was insufficient to 

establish causal relationship between her diagnosed medical condition and the accepted August 20, 

2018 employment incident. 

Under OWCP File No. xxxxxx643, on October 24, 2022, appellant filed a traumatic injury 

claim (Form CA-1) alleging that on March 1, 2022 she developed a severe herniated disc at the 

L5-S1 vertebra while in the performance of duty. She related that she was at a field office gym 

performing deadlifts to maintain fitness standards and felt a pull in her lower back, after which the 

pain in her lower back and left hamstring increased. Appellant did not stop work. By decision 

dated December 7, 2022, OWCP accepted that the March 1, 2022 employment incident occurred 

as alleged. However, it denied appellant’s traumatic injury claim, finding that the evidence of 

record was insufficient to establish causal relationship between her diagnosed medical condition 

and the accepted March 1, 2022 employment incident. 

The Board, having duly considered these matters, finds that these cases are 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 

For a full and fair adjudication, these casesmust be remanded to OWCP to administratively 

combine OWCP File Nos. xxxxxx178, xxxxxx193, and xxxxxx643, all of which involve claimed 

lumbar conditions. On remand, OWCP shall review all relevant evidence to determine whether 

appellant has established an injury in the performance of duty under each claim. Following this 

and other such further development as deemed necessary, OWCP shall issue de novo decisions. 

Accordingly,

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

(February 2000).

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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 November 29 and December 7, 2022 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 20, 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