E.F. and U.S. Postal Service, Jacksonville Post Office (Board decision, July 15, 2024)

ECAB remand decision. The Board set aside OWCP's April 8, 2024 disability decision and remanded for combined review of the related claim files. OWCP must issue a new decision, so entitlement to the claimed disability compensation 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 rural postal carrier sought compensation for time away from work to receive treatment for accepted knee conditions. OWCP denied the claimed disability period after reviewing the current file. The Board found that a related, previously accepted right knee injury file also had to be considered. It set aside the denial and directed OWCP to combine the files and issue a new decision.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; OWCP file combination procedures.
• Outcome: Disability denial set aside; related claim files to be combined on remand.
• Key point: OWCP must consider the related knee injury record before deciding the disability claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.F., Appellant
)
)
and ) Docket No. 24-0537
)
Issued: July 15, 2024
U.S. POSTAL SERVICE, JACKSONVILLE )
POST OFFICE, Jacksonville, FL, Employer )
__________ )

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

ORDER REMANDING CASE

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 23, 2024 appellant filed a timely appeal from an April 8, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0537.

On January 7, 2023 appellant, then a 46-year-old rural carrier, filed an occupational disease claim (Form CA-2) alleging that she developed a torn meniscus in her right knee, which resulted in limping and caused pain in her left knee, due to factors of her federal employment. On the claim form she alleged that her injury was consequential to her previously -accepted June 15, 2021 traumatic injury claim (Form CA-1) under OWCP File No. xxxxxx993 for peripheral tear of the lateral meniscus of the right knee. OWCP assigned the present claim OWCP File No. xxxxxx871 and accepted it for muscle/tendon strain of the left lower leg, effusion of the left knee, and synovial cyst (Baker’s cyst) of the popliteal space of the left knee.

On January 8 and 19, 2024 appellant filed claims for compensation (Form CA-7) for disability from work during the period December 18 through 29, 2023, due to medical treatment for her accepted conditions.

In an April 8, 2024 decision, OWCP denied appellant’s claim for compensation finding that the evidence of record did not establish disability to obtain medical care as a result of the accepted work-related conditions.
The Board, having duly considered the 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. 1 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. 2

As OWCP File No. xxxxxx993 is cross-referenced in the present claim, for a full and fair adjudication, this case must be remanded to OWCP. On remand OWCP shall administratively combine the current case record with OWCP File No. xxxxxxx993 and any other relevant claim files so it can consider all relevant evidence in adjudicating appellant’s disability claim.3 Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the April 8, 2024 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.

1
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000); T.D., Docket No. 20-1119 (issued January 29, 2021); R.R., Docket No. 19-0368 (issued November 26, 2019). 2 Id.; L.C., Docket No. 24-0206 (issued May 16, 2024); W.M., Docket No. 23-0671 (issued December 29, 2023); 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). 3 Supra note 1 at Chapter 2.400.8c(1); W.M., supra note 2; W.D., Docket No. 19-0961 (issued March 31, 2021);
L.P., Docket Nos. 18-1558, 18-1568 (issued June 21, 2019).

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Issued: July 15, 2024
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

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