United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.M., Appellant

and

DEPARTMENT OF LABOR, MINE SAFETY & 

HEALTH ADMINISTRATION, 

Barbourville, KY, Employer

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Docket No. 18-0887

Issued: February 21, 2019

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

On March 19, 2018 appellant filed a timely appeal from a January 11, 2018 merit decision 

and a February 9, 2018 nonmerit decision of the Office of Workers’ Compensation Programs 

(OWCP) that denied his claim for a December 22, 2016 left knee injury. The Clerk of the 

Appellate Boards docketed the appeal as No. 18-0887.

On December 27, 2016 appellant, then a 57-year-old underground mine safety and health 

inspector, filed a traumatic injury claim (Form CA-1) alleging that, on December 22, 2017, he 

twisted his left knee when crossing a belt conveyor while inspecting an underground mine. OWCP 

assigned this File No. xxxxxx482. By decision dated May 11, 2017, it found the claimed incident 

occurred as alleged, but denied the claim because the medical evidence of record was insufficient 

to establish causal relationship. Following appellant’s timely request for reconsideration, by

decision dated January 11, 2018, OWCP denied modification of its prior decision, again finding 

the medical evidence of record insufficient to establish causal relationship. Appellant again 

requested reconsideration, but, by nonmerit decision dated February 9, 2018, it declined to review 

the merits of the claim.

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

decision. In both merit decisions issued in this case, dated May 11, 2017 and January 11, 2018, 
2

OWCP referenced an additional claim appellant had filed regarding an August 6, 2016 bilateral 

knee claim. The August 2016 claim was adjudicated under File No. xxxxxx043. In both OWCP 

decisions referenced above, OWCP noted that it had reviewed medical evidence found in File No. 

xxxxxx043. It further noted that Dr. Jerry L. Woolum, an attending orthopedic surgeon, 

referenced the August 2016 injury in a report dated January 5, 2017 and in an undated report. In 

the January 11, 2018 decision, OWCP also referenced an occupational disease claim (Form CA-2),

adjudicated under File No. xxxxxx283, that appellant filed alleging that she injured her knees due 

to employment factors. 

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

the issues depends on frequent cross-reference between files.1 In the instant case, File No. 

xxxxxx482, OWCP denied appellant’s traumatic injury claim for a left knee injury that occurred 

on December 22, 2016. As noted, in both OWCP merit decisions issued in this case, it referenced 

a second knee claim for an August 6, 2016 knee injury, adjudicated by OWCP under File No. 

xxxxxx482. The Board further notes that in its January 11, 2018 decision, OWCP also indicated 

that appellant had filed an occupational disease claim, adjudicated under File No. xxxxxx283, 

claiming employment-related conditions of both knees. 

As these files have not been combined, the Board is unable to determine whether all 

pertinent evidence had been reviewed by OWCP in the instant claim to determine whether 

appellant established a left knee injury on December 22, 2016. 

The record before the Board does not contain the evidence from either the August 2016 

traumatic injury claim, under File No. xxxxxx482, or appellant’s occupational disease claim, under 

File No. xxxxxx283, both for knee conditions. The Board, therefore, is unable to properly 

adjudicate the instant claim. The Board finds the case is not in posture for decision as the record 

before the Board is incomplete and would not permit an informed adjudication of the case by the 

Board. The case must be remanded to OWCP for it to combine the files and for further 

reconstruction and development deemed necessary, to be followed by an appropriate decision.2

 

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

(February 2000).

2 See W.B., Docket No. 15-1751 (issued March 8, 2016).
3

IT IS HEREBY ORDERED THAT the February 9 and January 11, 2018 decisions of the 

Office of Workers’ Compensation Programs are set aside and the case remanded for further 

proceedings consistent with this order of the Board.

Issued: February 21, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board