W.M. and U.S. Postal Service, Main Post Office, Houston (Board decision, December 29, 2023)

ECAB remand decision. The Board set aside OWCP’s March 2, 2023 wage loss decision and remanded for the related claim files to be combined and a new decision. Whether the claimed compensation is payable 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b); this remand does not resolve benefits.

Plain-English summary

A postal clerk sought wage loss compensation linked to an accepted knee and shoulder injury. OWCP denied the claim after noting that another claim file had paid some of the same period for a left ankle and leg injury. The Board found that the two files concerned the same region of the body and that evidence in both was needed for a fair decision. It set aside OWCP’s denial and ordered the files combined, followed by any needed development and a new decision. The Board did not decide whether additional wage loss compensation was due.

Decision snapshot

• Authority: FECA and OWCP’s file management procedures.
• Outcome: March 2, 2023 denial set aside; claim files to be combined and reconsidered.
• Key point: Related injury files must be reviewed together when the evidence in both affects the compensation claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.M., Appellant
)
)
and ) Docket No. 23-0671
)
Issued: December 29, 2023
U.S. POSTAL SERVICE, MAIN POST OFFICE, )
Houston, TX, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On April 10, 2023 appellant filed a timely appeal from a March 2, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0671.

On May 11, 2010 appellant, then a 57-year-old mail processing clerk, filed a traumatic injury claim (Form CA-1) alleging that, on that date, he sustained injuries to his left knee and hip, shoulders, and hands after a six-inch screw got caught in his shoe, causing him to trip and fall while in the performance of duty. By decision dated July 1, 2010, OWCP accepted the claim, under File No. xxxxxx651, for sprain of the left knee and leg, and unspecified sprain of the left shoulder and upper arm. On August 25, 2010 it expanded the acceptance of appellant’s conditions to include unspecified internal derangement of the left knee. On November 12, 2014 OWCP further expanded the acceptance of his conditions to include derangement of the left lateral meniscus, old bucket handle tear of the left medial meniscus, traumatic arthropathy of the left lower leg, and post-traumatic osteoarthritis of the left knee. On March 9, 2016 it expanded the acceptance of appellant’s conditions to include incomplete rotator cuff tear or rupture of the left shoulder. Appellant stopped work on June 26, 2010 and returned to full duty on June 6, 2011. He stopped work again on August 29, 2014, and returned to full duty on June 3, 2016.
On September 27, 2021 appellant filed a claim for compensation (Form CA-7) for disability for the period April 2, 2019 through March 3, 2020.

By decision dated November 18, 2021, OWCP noted that it had received a claim for disability for the period April 2, 2019 through March 3, 2020, but denied appellant’s claim for wage-loss compensation for disability for the period April 2, 2019 through April 19, 2020. It found that he had already been compensated for the period April 20, 2019 through March 3, 2020 under OWCP File No. xxxxxx277 for an injury to his left ankle and leg. OWCP further found that he failed to submit medical evidence establishing disability as a result of the accepted work -related conditions for the remaining period claimed.

On March 30, 2022 appellant requested reconsideration.

By decision dated June 28, 2022, OWCP denied modification of its November 18, 2021 decision.

On December 3, 2022 appellant requested reconsideration.

By decision dated March 2, 2023, OWCP denied modification of its June 28, 2022 decision.

The Board has duly considered the matter and finds that this case is not in posture for decision.1

The Board finds that 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 claim is reported for an employee who previously filed an injury claim for a similar condition of the same part of the body, doubling is required. 3 Herein, appellant has a claim under OWCP File No. xxxxxx277 for the left lower extremity involving injury to his left ankle and leg, which is the same region of the body at issue in the claim presently before the Board. Medical evidence relating to appellant’s work-related left leg and ankle conditions and surgeries are relevant to this claim as it would be required to determine appellant’s entitlement to compensation benefits for any continued disability and/or residuals stemming from the May 11, 2010 employment injury.

Therefore, for full and fair adjudication, the case must be remanded to OWCP to administratively combine the current case record, OWCP File No. xxxxxx651, with OWCP File

1
Order Remanding Case, J.L., Docket No. 21-0958 (issued April 26, 2023).
2
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000).
3
Id.; Order Remanding Case, H.B., Docket No. 20-1298 (issued November 22, 2021); Order Remanding Case, S.G., Docket No. 21-0396 (issued September 27, 2021).

2
No. xxxxxx277. 4 This will allow OWCP to consider all relevant reports and accompanying evidence in developing the current claim. 5

The Board will therefore remand the case to OWCP to combine the files. 6 Following this and such further development as it deems necessary, OWCP shall issue a de novo decision.7 Accordingly,

IT IS HEREBY ORDERED THAT the March 2, 2023 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: December 29, 2023
Washington, DC

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

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

4
Order Remanding Case, K.W., Docket No. 22-1258 (issued March 14, 2023).
5
Order Remanding Case, L.M., Docket No. 19-1490 (issued January 29, 2020).
6
Order Remanding Case, J.W., Docket No. 22-1047 (issued March 14, 2023).
7
Order Remanding Case, J.B., Docket No. 22-0127 (issued February 16, 2023).

3