United States Department of Labor

Employees’ Compensation Appeals Board

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S.C., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

OFFICE OF INSPECTOR GENERAL, 

Denver, CO, Employer

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Docket No. 19-1771

Issued: April 28, 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

PATRICIA H. FITZGEARLD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 26, 2019 appellant filed a timely appeal from an August 6, 2019 decision of the 

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

docketed the appeal as No. 19-1771.1 

On May 25, 2018 appellant, then a 37-year-old lead inspector, filed an occupational disease 

claim (Form CA-2) alleging that she developed bilateral carpal tunnel syndrome due to the factors 

of her federal employment, including typing. She related that she had a prior OWCP claim for

carpal tunnel syndrome, that she experienced a recurrence of her symptoms, and that her physician 

advised that her carpal tunnel syndrome had relapsed.2 Appellant noted that she first became aware 

 

1 The Board notes that appellant submitted additional evidence on appeal. 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. xxxxxx138. Appellant has a prior accepted April 17, 2006 

occupational disease claim (Form CA-2) that was accepted for bilateral carpal tunnel syndrome and left synovitis and 

tenosynovitis under OWCP File No. xxxxxx651. 
2

of her condition on May 17, 2018 and first became aware that it was caused or aggravated by 

factors of her federal employment on May 18, 2018. 

In a June 2, 2018 development letter, OWCP informed appellant that additional evidence 

was required in support of her claim. It advised her of the type of medical evidence necessary to 

establish her claim and afforded her 30 days to submit the requested evidence. 

OWCP subsequently received nerve conduction velocity studies dated June 19, 2018. 

By decision dated July 13, 2018, OWCP denied appellant’s occupational disease claim, 

finding that the evidence of record was insufficient to establish a diagnosed condition in 

connection with the accepted factors of her federal employment. It concluded, therefore, that the 

requirements had not been met to establish an injury as defined by FECA.

On July 31, 2019 appellant requested reconsideration and submitted additional evidence. 

In reports dated October 8, 2018 and July 10, 2019 Dr. Christopher B. Ryan, Board-certified in 

physical medicine and rehabilitation discussed appellant’s carpal tunnel syndrome from April 17, 

2006, as well as the status of her current condition. 

By decision dated August 6, 2019, OWCP denied appellant’s reconsideration request, 

finding that it was untimely filed and failed to demonstrate clear evidence of error. 

The Board has duly considered the matter and concludes 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.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 has an 

accepted claim for bilateral carpal tunnel syndrome, assigned OWCP File No. xxxxxx651. She 

subsequently filed an occupational disease claim for the same region of the body on May 25, 2018, 

assigned OWCP File No. xxxxxx138, which is the claim presently before the Board. The evidence 

pertaining to OWCP File No. xxxxxx651, however, is not part of the case record presently before 

the Board.

For a full and fair adjudication, the case must be returned to OWCP to administrative ly 

combine the current case record with OWCP File No. xxxxxx138 so it can determine whether 

appellant has submitted sufficient evidence to demonstrate clear evidence of error. Following this 

and such further development as OWCP deems necessary, it shall issue an appropriate decision. 

Accordingly,

 

3

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

(February 2000).

4

Id.; D.C., Docket No. 19-0100 (issued June 3, 2019); N.M., Docket No. 18-0833 (issued April 18, 2019); K.T., 

Docket No. 17-0432 (issued August17, 2018).
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IT IS HEREBY ORDERED THAT the August 6, 2019 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: April 28, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board