United States Department of Labor

Employees’ Compensation Appeals Board

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T.S., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

White Plains, NY, Employer

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Docket No. 17-1709

Issued: May 7, 2018

Appearances: Case Submitted on the Record

Stephen Larkin, for the appellant

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 5, 2017 appellant, through her representative, filed a timely appeal from a 

March 23, 2017 merit decision of the Office of Workers’ Compensation Programs (OWCP). The 

Board docketed the appeal as Docket No. 17-1709.

On February 1, 2016 appellant, then a 58-year-old clerk, filed an occupational disease 

claim (Form CA-2) alleging that she developed chronic regional pain syndrome (CRPS) as a result 

of her federal employment duties.1 She first became aware of her condition on April 25, 2008 and 

of its relationship to her federal employment on May 29, 2015. The record reflects that appellant 

stopped work on November 9, 2013 and did not return. 

In an October 29, 2015 narrative statement, appellant explained that she had sustained an 

initial traumatic injury on November 29, 2007, which was accepted for contusion and sprain of the

right knee/leg, and that she subsequently developed CRPS.

2

 She explained that her CRPS was

caused by the repetitive motion of walking, standing, lifting, and carrying mail which contributed 

 

1 The Board notes that the Form CA-2 was signed by appellant on October 30, 2015.

2 The record reflects that appellant had filed a traumatic injury claim (Form CA-1), under OWCP File No. 

xxxxxx176, for an injury sustained on November 29, 2007 when she was walking on the workroom floor and a 

plywood board that was leaning against a pole fell on her right leg. OWCP accepted the claim for right knee contusion 

and right knee sprain. On May 29, 2015 it expanded acceptance of the claim to include CRPS of the lower right limb. 
2

to excessive wear on her knee. Appellant reported that the condition of CRPS was not accepted 

by OWCP until Dr. Joseph Laico, a Board-certified orthopedic surgeon, in a March 23, 2015 

second opinion examination, determined that the condition was causally related to her 

November 29, 2007 traumatic injury, under OWCP File No. xxxxxx176.3

By letter dated March 1, 2016, the employing establishment controverted the claim arguing 

that CRPS had already been accepted under OWCP File No. xxxxxx176. It further argued that 

appellant had not worked since September 9, 2013, and the modified assignment that she had 

worked was not physically demanding in nature and did not consist of the duties she had described.

Appellant submitted a June 21, 2013 medical report from Dr. Richard Dentico, Boardcertified in physical medicine and rehabilitation, in support of her occupational disease claim. 

Dr. Dentico reported that appellant sustained a right knee injury on November 29, 2007 and was 

first evaluated by him on April 25, 2008. Over the course of her treatment, appellant was 

diagnosed with type 2 CRPS which was associated with a traumatic injury or accident. Dr. Dentico 

reported that appellant was totally disabled for a period of time and returned to work on 

March 1, 2010. However, appellant’s condition continued to worsen as she had been walking and 

carrying mail at her job. Dr. Dentico opined that appellant’s condition was causally related to her 

accepted work injury. 

By decision dated May 12, 2016, OWCP denied appellant’s claim finding that the medical 

evidence of record failed to establish that her diagnosed condition was causally related to her 

accepted federal employment factors. It instructed that she had failed to provide a well-reasoned 

medical opinion supported by objective findings as to exactly how the claimed factors of her

federal employment either directly caused or aggravated the diagnosed medical conditions of a 

right knee contusion and right knee sprain. OWCP further noted that the evidence of record 

showed that she had a preexisting medical condition to her right knee and therefore she needed to 

provide a detailed and well-rationalized medical report, based on a complete and accurate history, 

explaining the medical mechanism of her claimed right knee injury and how the diagnosed 

condition resulted from the claimed factors of her federal employment with differentiation shown 

between the claimed injury and the symptoms of the preexisting condition. In noting the evidence 

reviewed in its decision, OWCP noted that it has reviewed nine CA-17 forms dated from 

September 9, 2013 to April 14, 2015, along with 18 medical notes of Dr. Dentico dated from 

 

3 Appellant also filed a claim for recurrence of disability (Form CA-2a) on February 11, 2009 when she experienced 

right knee pain while walking on the workroom floor. The claim was adjudicated by OWCP as a new traumatic injury 

under File No. xxxxxx382. By decision dated April 10, 2009, OWCP denied the claim for failing to establish the 

medical component of fact of injury. By decision dated September 30, 2009, an OWCP hearing representative 

affirmed the April 10, 2009 decision. By decision dated September 27, 2010, OWCP denied appellant’s request for 

reconsideration. On November 16, 2011 the Board affirmed the September 27, 2010 decision finding that OWCP 

properly refused to reopen appellant’s case for further review of the merits of her claim under 5 U.S.C. § 8128(a).

Docket No. 11-0601 (issued November 16, 2011).

On May 4, 2013 appellant filed an occupational disease claim (Form CA-2) alleging an aggravation of CRPS in the 

right knee which she attributed to repetitive walking and standing while working her modified assignment, OWCP 

File No. xxxxxx160. By decision dated September 5, 2013, OWCP denied the claim as the medical evidence was 

insufficient to establish that the claimed condition was causally related to the identified work duties. By decision 

dated June 4, 2014, an OWCP hearing representative affirmed the September 5, 2013 decision. 
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September 9, 2013 through March 17, 2016. All of these reviewed documents were noted to be 

from File No. xxxxxx176, a claim in which CRPS had already been accepted.

On May 26, 2016 appellant, through counsel, requested an oral hearing before an OWCP 

hearing representative. A hearing was held on January 17, 2017 at which appellant testified in 

support of her occupational disease claim. 

By decision dated March 23, 2017, an OWCP hearing representative affirmed the May 12, 

2016 decision, finding that the medical evidence of record failed to establish that appellant’s

diagnosed conditions, including CRPS, were causally related to her accepted factors of her federal 

employment. She noted that the issue for determination was whether the claimed CRPS condition 

is causally related to the identified federal employment. The hearing representative noted 

counsel’s argument that appellant had filed four claims which were interrelated and should be 

consolidated. She found, however, that the medical evidence was insufficient to establish causal 

relationship.

The Board finds that the case is not in posture for decision.4 Pursuant to 20 C.F.R. 

§ 501.2(c)(1), 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. Decisions on claims are based on the written record, 

which may include forms, reports, letters, and other evidence of various types such as photographs, 

videotapes, or drawings.5 Evidence may not be incorporated by reference, nor may evidence from 

a claimant’s other case file be used.6 Evidence contained in another of the claimant’s case files 

may be used, but a copy of that evidence should be placed into the case file being adjudicated.7 

All evidence that forms the basis of a decision must be in that claimant’s case record.8 

Furthermore, OWCP procedures provide for doubling case files when correct adjudication of the 

issues depends on frequent cross-reference between files such as when 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.9

The Board finds that the numerous CA-17 forms and the numerous medical notes signed 

by Dr. Dentico in File No. xxxxxx176 have not been incorporated into the current File No. 

xxxxxx739, nor have the files been doubled. This is especially important in light of the prior 

acceptance of appellant’s condition of CRPS in File No. xxxxxx176. In the instant appeal, for a 

full and fair adjudication, OWCP’s files pertaining to her accepted claims, including the condition 

of CRPS, should be combined. The case will therefore be remanded to OWCP to combine case 

File Nos. xxxxxx739, xxxxxx382, xxxxxx160, and xxxxxx176. Following this and such other 

 

4 See C.R., Docket No. 17-1952 (issued February 9, 2018).

5 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c)(1)

(January 2000); Chapter 2.800.5a (June 2011).

6

Id.

7

Id.

8

Id.

9

Id. 
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development as deemed necessary, OWCP shall issue a de novo merit decision on appellant’s 

claim. Accordingly,

IT IS HEREBY ORDERED THAT the March 23, 2017 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further 

proceedings consistent with this order of the Board.

Issued: May 7, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board