United States Department of Labor

Employees’ Compensation Appeals Board

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M.L., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

CUSTOMS & BORDER PATROL, DULLES 

INTERNATIONAL AIRPORT, Sterling, VA, 

Employer

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Docket No. 21-0442

Issued: October 26, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On February 3, 2021 appellant filed a timely appeal from September 23, 2020 and 

January 6, 2021 merit decisions of the Office of Workers’ Compensation Programs (OWCP). The 

Clerk of the Appellate Boards assigned Docket No. 21-0442.

1

On July 19, 2020 appellant, then a 49-year-old canine (K9) supervisor filed a traumatic 

injury claim (Form CA-1) alleging that he sustained injuries to his left hand and elbow while in 

the performance of duty. He explained that when collecting K9 training aids on July 18, 2020 he 

grabbed a large case with his left hand and felt a painful popping and a shocking sensation which 

1 The Board notes that,following the January6, 2021 decision, OWCP received additional evidence. 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

radiated from his left hand to his left elbow. Appellantstopped work on July 18, 2020 and returned 

to work on July 19, 2020. OWCP assigned the claim File No. xxxxxx372.2

In an August 19, 2020 development letter, OWCP advised appellant of the deficiencies of 

his claim. It requested additional factual and medical evidence and provided a questionnaire for 

his completion. OWCP afforded appellant 30 days to respond. No response was received.

By decision dated September 23, 2020, OWCP denied appellant’s traumatic injury claim 

finding that he failed to submit medical evidence establishing causal relationship between his 

diagnosed condition and his accepted employment incident.

On October 19, 2020 appellant requested reconsideration of the September 23, 2020 

decision. 

By decision dated January 6, 2021, OWCP denied modification of its prior decision.

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

decision. OWCP’s procedures provide that cases should be administratively combined when 

correct adjudication 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 f or a similar condition 

or the same part of the body, doubling is required.4 Herein, a number of appellant’s prior claims,

under OWCP File No. xxxxxx609, also involve an injury to his left upper extremity. For a full 

and fair adjudication, the case must be returned to OWCP to administratively combine the current 

case record under OWCP File No. xxxxxx372 with OWCP File No. xxxxxx609. This will allow 

consideration of all relevant claim files and accompanying evidence in developing appellant’s 

current traumatic injury claim. Following this and other such further development as deemed 

necessary, OWCP shall issue a de novo decision.

2 The Board notes that appellant has a number of prior claims involving the left upper extremity that have been 

administratively combined under OWCP File No. xxxxxx609.

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

(February2000).

4

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., 

Docket No 18-1777 (issued July 2, 2019).
3

IT IS HEREBY ORDERED THAT the January 6, 2021 decision of Office of Workers’

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

with this order of the Board.

Issued: October 26, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board