H.B. and U.S. Postal Service, Post Office, Los Angeles, CA (Board decision, December 21, 2012)

ECAB remand decision. The Board set aside OWCP's lumbar condition claim denial and remanded to combine related claim files and issue a new decision. Whether H.B. established the claimed condition remains open. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

H.B., a postal employee, appealed the denial of an occupational lumbar condition claim. OWCP had referred to medical reports in a separate accepted carpal tunnel file that was not included in the record sent to the Board. The Board found the record incomplete and unable to support an informed decision. It ordered OWCP to combine the files and decide the lumbar claim again.

Decision snapshot

• Authority: FECA occupational disease and complete claim files.
• Outcome: Lumbar claim denial set aside; files to be combined on remand.
• Key point: The related file’s back reports had to be available for review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.B., Appellant
)
)
and ) Docket No. 12-1385
) Issued: December 21, 2012
U.S. POSTAL SERVICE, POST OFFICE,
)
Los Angeles, CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
RICHARD J. DASCHBACH, Chief Judge
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On June 11, 2012 appellant filed a timely appeal from a March 2, 2012 decision of the Office of Workers’ Compensation Programs (OWCP) affirming the prior denial of an occupational disease claim. The claim was docketed as No. 12-1385.

The Board has duly considered the matter and finds that this case is not in posture for decision. In its March 2, 2012 decision, OWCP found that appellant had not established a claimed lumbar condition as he submitted insufficient medical evidence. It referred to medical reports filed under File No. xxxxxx618, accepted for carpal tunnel syndrome. OWCP stated that “numerous medical reports concerning the back” in File xxxxxx618 were “reviewed in conjunction with preparation of this decision.”

The record forwarded to the Board suggests that File No. xxxxxx618 contains evidence relevant to File No. xxxxxx042 presently before the Board. The Board therefore finds this case is not in posture for a decision, as the record before the Board is incomplete and would not permit an informed adjudication of the case by the Board. Thus, the case must be remanded to OWCP to combine the claim files. OWCP procedures provide for doubling claims when correct adjudication of the issues depends on frequent cross-reference between files.1 Upon remand, it 1 See Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance & Management, Chapter 2.400.8(c) (February 2000). should combine file number xxxxxx618 with the instant case, file number xxxxxx042. After combining the two records, OWCP should consider all relevant evidence regarding whether appellant sustained a lumbar condition as claimed. It should then issue an appropriate decision.

IT IS HEREBY ORDERED THAT the February 3, 2012 decision of the Office of Workers’ Compensation Programs be set aside and the case remanded for further proceedings consistent with this order of the Board.

Issued: December 21, 2012
Washington, DC

Richard J. Daschbach, Chief Judge
Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

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