S.S. and U.S. Postal Service, Post Office, Milwaukee, WI (Board decision, March 8, 2023)

ECAB remand decision. The Board set aside OWCP's August 10, 2021 denial and ordered it to combine the current file with an earlier accepted left knee claim before issuing a new decision. Entitlement on the current claim 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

A postal city carrier claimed a left knee and lower back injury after slipping on a ramp. OWCP accepted that the incident occurred but denied the claim for insufficient proof of medical causation. The Board found that he also had an earlier accepted left knee sprain claim. It set aside the denial and directed OWCP to combine the files, review the relevant evidence, and issue a new decision.

Decision snapshot

• Authority: FECA Procedure Manual, Part 2, Chapter 2.400.8(c).
• Outcome: Claim denial set aside and remanded for combined file review.
• Key point: Related injury files must be combined when proper adjudication requires cross-referencing them.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.S., Appellant
)
)
and ) Docket No. 21-1407
) Issued: March 8, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Milwaukee, WI, Employer
)
__________ )

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

On September 20, 2021 appellant filed a timely appeal from an August 10, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 21-1407.

On March 15, 2021 appellant, then a 58-year-old city carrier, filed a traumatic injury claim (Form CA-1) alleging that on September 3, 2020, he injured his left knee and lower back when he slipped and fell backward when walking down a ramp while in the performance of duty. 1 He did not stop work.

By decision dated April 14, 2021, OWCP accepted that the September 3, 2020 incident occurred as described. However, it denied appellant’s traumatic injury claim, finding that the medical evidence of record was insufficient to establish a causal relationship between the accepted employment incident and her diagnosed medical conditions.

1
The record reflects that appellant has a previously-accepted traumatic injury claim under OWCP File No. xxxxxx595 for sprain of left knee. On April 26, 2021 appellant requested a review of the written record by a representative of OWCP’s Branch of Hearings and Review.

By decision dated August 10, 2021, OWCP denied modification of its prior decision.

The Board, having duly considered this matter, finds that this case is 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. 2 For example, if a new injury case is reported for an employee who previously filed an injury claim for a similar condition or the same part of the body, doubling is required. 3 Herein, in the present claim, appellant alleged a left knee injury. He also has a previously accepted claim for a left knee sprain under OWCP File No. xxxxxx595. Therefore, for a full and fair adjudication, this case must be returned to OWCP to administratively combine the current case record with OWCP File No. xxxxxx595, so it can consider all relevant claim files and relevant evidence in adjudicating appellant’s current traumatic injury claim.4

Following this and other such further development as deemed necessary, it shall issue a de novo decision.

2
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).
3
Id.; M.L., Docket No. 20-1176 (issued April 29, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket No 18-1777 (issued July 2, 2019). 4 Supra note 2 at Chapter 2.400.8(c)(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos.
18-1558, 18-1568 (issued June 21, 2019).

2
 IT IS HEREBY ORDERED THAT the August 10, 2021 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded for further proceedings consistent with this order of the Board.

Issued: March 8, 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

3