W.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA (Board decision, July 10, 2014)

ECAB remand decision. The Board set aside OWCP’s June 12, 2013 decision and remanded for OWCP to combine W.R.’s current file with a related earlier claim, consider the combined evidence, and issue a new decision. Whether her claimed conditions are work related remains unresolved. 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

W.R., a Veterans Affairs nurse, claimed that repetitive duties in a limited-duty position aggravated several neck, shoulder, and arm conditions. OWCP denied her occupational disease claim for lack of medical evidence linking those conditions to work. Its hearing decision referred to another claim in which some similar conditions had been accepted, but the record sent to the Board did not include that earlier file. The Board could not decide the appeal on the incomplete record. It set aside the hearing decision and directed OWCP to combine the files, consider all relevant evidence, and issue a new decision.

Decision snapshot

• Authority: FECA case-file consolidation procedure for related injury claims.
• Outcome: June 12, 2013 decision set aside; case remanded to OWCP.
• Key point: OWCP had to supply and consider the related accepted-claim record before resolving the new claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.R., Appellant
)
)
and ) Docket No. 14-84
) Issued: July 10, 2014
DEPARTMENT OF VETERANS AFFAIRS,
)
VETERANS ADMINISTRATION MEDICAL
)
CENTER, Philadelphia, PA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Thomas R. Uliase, Esq., for the appellant
Office of Solicitor, for the Director

ORDER REMANDING CASE
Before:
PATRICIA HOWARD FITZGERALD, Acting Chief Judge COLLEEN DUFFY KIKO, Judge
ALEC J. KOROMILAS, Alternate Judge

On October 15, 2013 appellant, through her attorney, filed a timely appeal of a June 12, 2013 decision of the Office of Workers’ Compensation Programs (OWCP) denying her occupational disease claim. The Board assigned Docket No. 14-84.

On October 24, 2011 appellant, then a 55-year-old licensed practical nurse, filed an occupational disease claim alleging that on October 6, 2011 she first realized that her right radial tunnel median neuropathy, right rotator cuff tear and cervical sprain/strain with radiculopathy was aggravated by the repetitiveness of her limited-duty job and the lack of workplace ergonomics. By decision dated December 12, 2012, OWCP denied her claim on the grounds that the medical evidence failed to establish a causal relationship between the diagnosed conditions and the identified work factors. By decision dated June 12, 2013, its hearing representative affirmed the denial of appellant’s occupational disease claim. The hearing representative noted that the conditions of neck sprain, right rotator cuff sprain, right median neuropathy, right rotator cuff tendinopathy and right shoulder impingement had been accepted under claim File No. xxxxxx093. In addition, the hearing representative stated that a loss of wage-earning capacity had been issued under this same claim.

The Board has duly considered the matter and concludes that the case is not in posture for a decision. OWCP procedures provide that cases should be doubled when a new injury is reported for an employee who previously filed an injury claim for a similar condition and further indicated that the cases should be doubled as soon as the need to do so becomes apparent.1 As OWCP referenced a prior decision with accepted conditions -- in denying appellant’s claim for a schedule award, it should have combined the case files in accordance with its procedures.

As the record before the Board contains no evidence from the prior claim, the Board is unable to properly address and adjudicate the issue of appellant’s occupational disease claim under OWCP File No. xxxxxx523.

On remand, OWCP should combine the present case record, OWCP File No. xxxxxx523, with OWCP File No. xxxxxx093. After combining these case records on remand, it should consider the evidence contained in the combined case record and, following any necessary further development, issue a de novo decision. Accordingly, the June 12, 2013 decision denying appellant’s claim for a schedule award should be set aside.

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ Compensation Programs dated June 12, 2013 is set aside and the case remanded for further proceedings consistent with this order of the Board.

Issued: July 10, 2014
Washington, DC

Patricia Howard Fitzgerald, Acting Chief Judge Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge
Employees’ Compensation Appeals Board

1
Federal (FECA) Procedure Manual, Part 2 -- Claims, Doubling Case Files, Chapter 2.400.8(c)(1) (February 2000).

2