W.O. and Department of Veterans Affairs, Carl Vinson Veterans Medical Center, Dublin, GA (Board decision, April 20, 2016)

ECAB remand decision. The Board set aside OWCP’s July 16, 2015 denial of W.O.’s shoulder injury claim and remanded it for further proceedings. Whether his claim will be accepted 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.O. claimed that lifting a heavy pump at work reinjured his right shoulder. OWCP denied the claim while referring to evidence from an earlier accepted shoulder claim. The Board could not access that earlier claim file and therefore could not review all the evidence OWCP had used. It set aside the denial and directed OWCP to make the related files accessible, complete any needed development, and issue a new decision. The Board did not resolve whether the later shoulder condition was caused by work.

Decision snapshot

• Authority: Federal (FECA) Procedure Manual, Part 2, Chapter 2.400.8(c).
• Outcome: July 16, 2015 denial set aside; case remanded for a complete record and new decision.
• Key point: The Board needed access to the earlier accepted claim file to review the later shoulder claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.O., Appellant
)
)
and ) Docket No. 16-0268
) Issued: April 20, 2016
DEPARTMENT OF VETERANS AFFAIRS,
)
CARL VINSON VETERANS MEDICAL
)
CENTER, Dublin, GA, Employer
)
__________ )

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

ORDER REMANDING CASE

Before:
CHRISTOPHER J. GODFREY, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge

On November 23, 2015 appellant filed an application for review of a July 16, 2015 decision of the Office of Workers’ Compensation Programs (OWCP), claim number xxxxxx715, which affirmed a January 5, 2015 decision denying his claim for a right shoulder and arm injury.1 The appeal was docketed as number 16-0268.

In the July 16, 2015 decision, OWCP noted that appellant had another claim for a right shoulder injury. It noted that he sustained an injury on October 25, 2011 when his mail cart was struck by a truck, claim number xxxxxx544.2 OWCP noted reviewing claim number xxxxxx544 and medical evidence and opined that “[appellant] suffered a right shoulder injury in the performance of his duties on October 25, 2011, when his electric cart was struck by a pickup truck. Claim number xxxxxx544 was allowed for right rotator cuff tendinitis. Surgical repair was affected on January 17, 2012, and appellant returned to full-time modified work on May 1, 2012. Appellant resumed regular activities on July 1, 2012.” OWCP referenced a report

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On October 28, 2014 appellant, a 62-year-old pipefitter filed an occupational disease claim asserting that he reinjured his right shoulder on October 27, 2014 when he threw a 100-pound pump into a dumpster while in the performance of duty. 2 The complete medical records and factual information pertaining to this claim is not in the record before the Board. from Dr. Richard Thomas dated October 29, 2014 who reported a history of a prior rotator cuff repair in 2011 with a good result until October 27, 2014 when appellant was lifting at work and felt a pop in his right shoulder. The Board is unable to view claim number xxxxxx544 on the Integrated Federal Employees’ Compensation System (iFECS).

The Board has duly considered the matter and notes that the case is not in posture for a decision. The claim before the Board, case file number xxxxxx715, pertains to a claim where OWCP denied appellant’s claim for a reinjury of his right shoulder on October 27, 2014 as the weight of the medical evidence failed to establish that his right shoulder injury was causally related to the October 27, 2014 work activity. In the July 16, 2015 decision, OWCP noted reviewing medical evidence and findings made in case file number xxxxxx544 which pertains to an accepted right rotator cuff tendinitis and surgical repair. The evidence thus indicates that claim file number xxxxxx544 has evidence germane to whether OWCP properly denied appellant’s claim for compensation for the reinjury of his right shoulder in claim number xxxxxx715. However, as noted, claim file number xxxxxx544 is not presently accessible by the Board. Pursuant to its procedures, OWCP has determined that cases should be combined where correct adjudication depends on cross-referencing between files.3 For a full and fair adjudication, the Board must be able to review the contents of OWCP claim number xxxxxx544.

The case will be remanded to OWCP to ensure that all consolidated claims are readily accessible. Following this and such other development as deemed necessary, OWCP shall issue an appropriate merit decision on the matter to preserve appellant’s appeal rights.

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).

2
 IT IS HEREBY ORDERED THAT the July 16, 2015 decision be set aside and the matter remanded to OWCP for further proceedings consistent with this order.

Issued: April 20, 2016
Washington, DC

Christopher J. Godfrey, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

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