C.M. and Department of Homeland Security, Transportation Security Administration, Denver, CO (Board decision, April 25, 2013)

ECAB remand decision. The Board set aside OWCP’s July 11, 2012 decision and returned the matter for a combined review of two claim files and a new decision. C.M.’s wage-loss entitlement remains unresolved on this appeal. 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

C.M., a Transportation Security Administration employee, appealed a decision that addressed both termination of wage-loss compensation and a separate recurrence claim. OWCP had decided issues from two claim files, but sent the Board a record containing only one. The Board found that it could not fairly review the decision without both files. It set aside the July 11, 2012 decision and directed OWCP to combine the files, develop the record as needed, and issue a new decision. The order did not decide whether the termination or the recurrence ruling was correct.

Decision snapshot

• Authority: FECA Procedure Manual guidance on combining related claim files.
• Outcome: July 11, 2012 decision set aside; two claim files to be combined and reconsidered.
• Key point: Where OWCP's decision involved related claims needing cross-reference, the Board required both claim files for review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.M., Appellant
)
)
and ) Docket No. 13-344
) Issued: April 25, 2013
DEPARTMENT OF HOMELAND SECURITY,
)
TRANSPORTATION SECURITY
)
ADMINISTRATION, Denver, CO, Employer
)
__________ )

Appearances: Case Submitted on the Record
Gregory A. Hall, Esq., for the appellant
Office of Solicitor, for the Director

ORDER REMANDING CASE

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

On November 26, 2012 appellant, through her attorney, filed an application for review of a July 11, 2012 merit decision of the Office of Workers’ Compensation Programs (OWCP) affirming, with modification, the termination of her wage-loss compensation.1 OWCP assigned File No. xxxxxx979 to this claim. In the same decision, the hearing representative accepted appellant’s recurrence of disability claim, assigned File No. xxxxxx812, and determined that she was entitled to wage-loss compensation for the period July 6, 2010 to September 1, 2011.

Having duly reviewed the matter, the Board finds that the case is not in posture for decision. Although OWCP adjudicated matters regarding two separate claims in its July 11, 2012 decision, the case record presently before the Board is limited to evidence in File No. xxxxxx979. Pursuant to its procedures, OWCP has determined that cases should be combined

1
Counsel actually sought to appeal a June 6, 2012 OWCP informational letter. This letter noted counsel’s assertion regarding a recurrence of disability beginning July 6, 2010. OWCP noted that the alleged recurrence was addressed in claim number xxxxxx812 and recommended that appellant review her appeal rights in that claim. The letter did not purport to be a final decision. However, as noted, infra, OWCP’s July 11, 2012 decision also addresses the claim for a recurrence of disability beginning July 6, 2010 and matters pertaining to claim number xxxxxx812. when correct adjudication of the issues depends on frequent cross-reference between files.2 Therefore, for a full and fair adjudication, appellant’s claims should be doubled.3 On remand OWCP shall combine File Nos. xxxxxx979 and xxxxxx812 and, following this and other development deemed necessary, issue an appropriate decision.

IT IS HEREBY ORDERED THAT the July 11, 2012 decision be set aside and the case remanded to OWCP for further action consistent with this order of the Board.

Issued: April 25, 2013
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

2
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance & Management, Chapter 2.400.8(c) (February 2000).
3
In the July 11, 2012 decision, the hearing representative also directed that the two claims be administratively combined.

2