United States Department of Labor

Employees’ Compensation Appeals Board

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C.H., Appellant

and

DEPARTMENT OF THE ARMY, HUMAN 

RESOURCES COMMAND ARMY BENEFITS 

CENTER, Presidio of Monterey, CA, Employer

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Docket No. 19-0895

Issued: April 2, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

On March 22, 2019 appellant filed a timely appeal from a March 8, 2019 decision of the 

Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

assigned Docket No. 19-0895.

On December 14, 2017 appellant, then a 69-year-old human resources specialist, filed a 

traumatic injury claim (Form CA-1) alleging that on February 6, 2014 he was exiting the 

employing establishment’s back door when he slipped on mold on a step, tripped on a metal strip, 

and fell to the sidewalk injuring his right knee while in the performance of duty. He reported that 

the injury occurred at 6:00 p.m. as he was leaving work. OWCP assigned this claim File No. 

xxxxxx784.1 

 

1 The record reflectsthat appellant had a prior May 18, 2010 traumatic injury to the right knee, which was accepted 

for a right knee collateral ligament sprain and localized unspecified osteoarthritis of the right lower leg under OWCP 

File No. xxxxxx132. On February 19, 2014 appellant filed a recurrence claim (Form CA-2a), under OWCP File No. 

xxxxxx132, alleging a recurrence on February 6, 2014, which occurred at 5:30 p.m. By decision dated June 2, 2014, 

OWCP accepted appellant’s claim for a recurrence based on a May 12, 2014 medical report under OWCP File No. 

xxxxxx132.
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In a development letter dated December 29, 2017, OWCP advised appellant that additional 

factual and medical evidence was necessary to establish his claim. It afforded appellant 30 days 

to submit he necessary information.

By decision dated January 30, 2018, OWCP denied appellant’s claim, finding that he had 

not established that he was in the performance of duty at the time of the alleged employment injury. 

It noted that appellant’s work shift was from 7:00 a.m. to 4:30 p.m. and his injury occurred outside 

of the scope of employment at 6:00 p.m.

Appellant subsequently requested a hearing. 

By decision dated August 24, 2018, OWCP’s hearing representative affirmed the 

January 30, 2018 decision, finding that the evidence of record was insufficient to establish that 

appellant sustained an injury in the performance of duty because the incident occurred after his 

work shift had ended. He acknowledged appellant’s February 9, 2014 Form CA-2a and that the 

recurrence claim was not administratively converted to a new injury claim, which may have been 

procedurally appropriate. The hearing representative requested OWCP administratively combine 

the current claim with OWCP File No. xxxxxx132.

On October 9, 2018 appellant requested reconsideration and submitted a September 5, 

2018 narrative statement from J.J., a retired supervisory human resource specialist. J.J. verified 

that appellant had worked an alternate work schedule and supported his claim that he remained in 

the performance of duty when injured. 

By decision dated March 8, 2019, OWCP denied modification of the August 24, 2018 

decision.

The Board, having duly considered the matter, concludes that the case is not in posture for 

decision. 

OWCP’s procedures provide that cases should be combined where correct adjudication 

depends on cross-referencing between files. 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. Here, appellant had a prior accepted claim for a traumatic injury to the right 

knee, for which he filed a recurrence claim under File No. xxxxxx132. While the hearing 

representative’s August 24, 2018 decision instructed OWCP to double the current case with File 

No. xxxxxx132, the two claims are not combined as presented to the Board. 

Appellant has received medical treatment and wage-loss compensation arising from his 

accepted recurrence claim under OWCP File No. xxxxxx132. To properly adjudicate his claim, 

as well as to avoid the possibility of duplicative payments of wage-loss compensation or medical 

benefits, the case will be remanded to OWCP to administratively combine case files xxxxxx132 

and xxxxxx784. Following this and such other such further development as deemed necessary, 

OWCP shall issue a de novo decision.
3

IT IS HEREBY ORDERED THAT the March 8, 2019 decision of the Office of Workers’

Compensation Programs is set aside and the case is remanded for proceedings consistent with this 

order of the Board.

Issued: April 2, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board