United States Department of Labor

Employees’ Compensation Appeals Board

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J.M., Appellant

and

DEPARTMENT OF THE NAVY, 

PORTSMOUTH NAVAL SHIPYARD, 

Kittery, ME, Employer

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Docket No. 19-0008

Issued: July 10, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

On October 1, 2018 appellant filed a timely appeal from a September 13, 2018 merit 

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

Boards assigned the appeal Docket No. 19-0008.

On September 29, 2017 appellant, then a 55-year-old ship operator/marine electrician, filed 

a traumatic injury claim (Form CA-1) for left knee chondromalacia that allegedly arose on 

September 7, 2017 while in the performance of duty.1 OWCP assigned the claim File 

No. xxxxxx856. Appellant previously filed a traumatic injury claim for a possible left knee 

meniscus tear that allegedly arose in the performance of duty on May 5, 2016. OWCP assigned 

his prior left knee claim File No. xxxxxx785.2

 

1 Appellant stated that while lying on his right side on the deck plate and working to clear a low pressure alarm, he 

lifted his left leg to adjust his position when the left knee sustained a subluxation.

2 The complete factual and medical evidence associated with File No. xxxxxx785 is not part of the current case 

record.
2

OWCP denied appellant’s traumatic injury claim by decision dated September 13, 2018. 

It found that the medical evidence of record did not establish that the September 7, 2017 

employment incident either caused or contributed to his left knee osteoarthritis.

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-reference 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

As noted, appellant has two left knee traumatic injury claims, which OWCP assigned File 

Nos. xxxxxx856 and xxxxxx785. The case record for the latter claim, which preexisted the current 

September 7, 2017 left knee injury, is not part of the current case record. The Board finds that for 

a full and fair adjudication, the case must be returned to OWCP to combine the current case record 

with File No. xxxxxx785.

5

 Following this and any other development OWCP deems necessary, a 

de novo decision shall be issued with respect to appellant’s entitlement to FECA benefits under 

File No. xxxxxx856.

IT IS HEREBY ORDERED THAT the September 13, 2018 decision of the Office of 

Workers’ Compensation Programs is set aside, and the case is remanded for further action 

consistent with the order of the Board.

 

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

(February 2000).

4

Id. 

5 See M.W., Docket No. 17-0743 (issued January 23, 2018).
3

Issued: July 10, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board