United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

O.V., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Elizabeth, NJ, Employer 

__________________________________________ 

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Docket No. 14-997 

Issued: September 29, 2014 

Appearances: Case Submitted on the Record

James D. Muirhead, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA HOWARD FITZGERALD, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On March 20, 2014 appellant, through counsel, filed a timely appeal of a February 7, 

2014 decision of the Office of Workers’ Compensation Programs (OWCP) denying authorization 

for right knee surgery.1 The Board assigned Docket No. 14-997. 

On February 12, 2013 appellant, then a 54-year-old mail carrier, filed a traumatic injury 

claim alleging that on February 11, 2013 she injured her right knee when she missed a step while 

going up stairs to deliver a parcel. OWCP accepted the claim for right knee contusion. On 

May 16, 2013 Dr. Christopher R. Ropiak, a treating Board-certified orthopedic surgeon, 

requested authorization for right knee arthroscopic surgery with chondroplasty. By decision 

dated July 12, 2013, OWCP denied appellant’s request for authorization for right knee surgery. 

By decision dated February 7, 2014, an OWCP hearing representative affirmed the denial of 

authorization for right knee surgery. The hearing representative found that appellant had 

sustained a prior employment-related right knee injury on June 9, 2008. He noted that the claim 

had been assigned OWCP File No. xxxxxx606 and the conditions accepted included right knee 

 1

 The Board notes that appellant’s counsel submitted new evidence with her appeal. However, the Board may 

only review evidence that was in the record at the time OWCP issued its final decision. See 20 C.F.R. § 501.2(c)(1); 

M.B., Docket No. 09-176 (issued September 23, 2009); J.T., 59 ECAB 293 (2008); G.G., 58 ECAB 389 (2007); 

Donald R. Gervasi, 57 ECAB 281 (2005); Rosemary A. Kayes, 54 ECAB 373 (2003). 
2

sprain, medial meniscus tear and osteoarthritis. The hearing representative further noted that 

appellant underwent right knee arthroscopic surgery on October 21, 2008 and 

December 27, 2011. 

The Board has duly considered the matter and concludes that the case is not in posture for 

a decision. OWCP procedures provide that cases should be doubled when a new injury is 

reported for an employee who previously filed an injury claim for a similar condition and further 

indicates that the cases should be doubled as soon as the need to do so becomes apparent.2

 As 

the hearing representative referenced a prior claim which involved right knee conditions in 

denying her request for authorization for right knee surgery, OWCP should have combined the 

case files in accordance with its procedures. 

As the record before the Board does not contain all the evidence from the prior claim, the 

Board is unable to properly address and adjudicate the issue of appellant’s current traumatic 

injury under OWCP File No. xxxxxx689. 

On remand, OWCP should combine the present case record, OWCP File No. xxxxxx689, 

with OWCP File No. xxxxxx606. After combining these case records on remand, OWCP should 

consider the evidence contained in the combined case record and, following any necessary 

further development, issue a de novo decision. Accordingly, the February 7, 2014 decision 

denying authorization for right knee surgery should be set aside. 

 2

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Doubling Case Files, Chapter 2.400.8(c)(1) 

(February 2000). 
3

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated February 7, 2014 is set aside and the case remanded for further 

proceedings consistent with this order of the Board. 

Issued: September 29, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board