M.T. and Department of the Air Force, Aircraft Maintenance Squadron, Robins Air Force Base (Board decision, July 9, 2024)

ECAB remand decision. The Board set aside OWCP's denial of an Air Force worker's occupational disease claim and directed OWCP to combine it with his earlier neck-related claim. OWCP must consider both files and issue a new decision, so entitlement to 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

An Air Force materials expediter claimed that work caused a neck disc injury. OWCP denied the claim because the evidence did not establish a causal connection to his work. The Board found that the worker had an earlier accepted claim involving his neck, but OWCP had not combined the two claim files. It set aside the denial and ordered OWCP to review the files together, develop the record as needed, and issue a new decision. The Board did not decide whether the new condition was work related.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. § 501.2(c)(1).
• Outcome: OWCP denial set aside; the neck claim remanded for combined review and a new decision.
• Key point: OWCP must review related claim files together when a new claim concerns the same part of the body.

Full text (DOL official public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.T., Appellant
)
)
and ) Docket No. 24-0543
)
Issued: July 9, 2024
DEPARTMENT OF THE AIR FORCE,
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AIRCRAFT MAINTENANCE SQUADRON,
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ROBINS AIR FORCE BASE, GA, 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 VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On April 25, 2024 appellant filed a timely appeal from a January 25, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0543.1

On November 8, 2023 appellant, then a 60-year-old materials expediter, filed an occupational disease claim (Form CA-2) alleging that he injured a disc in his neck due to factors of his federal employment. 2 He noted that he first became aware of his condition and realized its relationship to his federal employment on October 18, 2023. Appellant did not stop work.

In support of his claim, appellant submitted a statement wherein he noted that he previously injured his neck while sanding under the wing of a C-5 aircraft.

1
The Board notes that, following the January 25, 2024 decision, OWCP received additional evidence. However, the Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first time on appeal. Id. 2 OWCP assigned the present claim OWCP File No. xxxxxx013. Appellant has a previously-accepted occupational disease claim for carpal tunnel syndrome, cubital tunnel syndrome, and cervical radiculopathy under OWCP File No. xxxxxx758. The claims have not been administratively combined by OWCP.
By decision dated January 25, 2024, OWCP denied appellant’s occupational disease claim, finding that the evidence of record was insufficient to establish a neck condition causally related to the accepted factors of his federal employment.

The Board, having duly considered this matter, finds that the 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. 3 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. 4 Herein, appellant’s claim under OWCP File No. xxxxxx758 also involved a neck injury, which is at issue in the present claim under OWCP File No. xxxxxx013. For a full and fair adjudication, this case must be remanded for OWCP to administratively combine the current case record with OWCP File No. xxxxxx758, so it can consider all relevant claim files and accompanying evidence in adjudicating appellant’s current occupational disease claim.5 Following this and other such further development as OWCP deems necessary, it shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the January 25, 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.

Issued: July 9, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy 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

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).
4
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). 5 Supra note 3 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