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. 20-1002

Issued: November 20, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 31, 2020 appellant filed a timely appeal from a November 19, 2019 merit 

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

Boards assigned Docket No. 20-1002.

1

On September 21, 2019 appellant, then a 48-year-old canine (K9) supervisor, filed an 

occupational disease claim (Form CA-2) alleging that a previously accepted left elbow condition 

had worsened as a result of factors of his federal employment, including daily use of a computer 

and working and training K9s. He noted that he originally injured his left elbow on June 15, 2011 

during a leash training exercise and had filed a traumatic injury claim (Form CA-1) under OWCP 

 

1 The Board notes that following the November 19, 2019 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

File No. xxxxxx162, which OWCP accepted for left elbow strain.

2

 Appellant indicated that he 

first became aware of his condition on June 15, 2011 and realized its relation to his federal 

employment on October 5, 2017. He did not stop work.

In an October 10, 2019 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 him 30 days to respond.

By decision dated November 19, 2019, OWCP denied appellant’s occupational disease 

claim finding that he failed to submit medical opinion evidence establishing causal relationship 

between his diagnosed left elbow condition and his implicated factors of employment.

In adjudicating appellant’s current left elbow claim in OWCP File No. xxxxxx823, 

appellant has referenced his previously accepted left elbow claim, OWCP File No. xxxxxx162, in 

which he had an accepted left elbow injury. OWCP has not, however, administratively combined 

the case records for his previously accepted left upper extremity claims, or incorporated the 

relevant and contemporaneous medical evidence into the current case record.3

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 cross-referencing between files and when two or more injuries 

occur to the same part of the body.4 As the instant claim under OWCP File No. xxxxxx823 and 

the claims under OWCP Master File No. xxxxxx609 and OWCP Subsidiary File No. xxxxxx162

both involve injuries to appellant’s left upper extremity, these claims must be administratively 

combined for a full and fair adjudication of his present claim. This will allow OWCP to consider 

all relevant claim files and accompanying evidence in developing appellant’s current occupational 

disease claim.

Accordingly, the Board will remand the case to OWCP to administratively combine the 

current file, OWCP File No. xxxxxx823 with OWCP Master File No. xxxxxx609, which includes 

OWCP Subsidiary File No. xxxxxx162. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

 

2 OWCP File No. xxxxxx162, accepted for left elbow sprain, along with OWCP File Nos. xxxxxx261, accepted for 

back and neck conditions, xxxxxx521, accepted for left knee conditions, xxxxxx177, accepted for a chest injury, 

xxxxxx285, accepted for an abdomen injury, xxxxxx482, accepted for right rib strain, and xxxxxx154, accepted for a 

mid-back condition, are subsidiary files under OWCP Master File No. xxxxxx609. OWCP Master File No. xxxxxx609 

was accepted for derangement of the left acromioclavicular joint. 

3 G.D., Docket No. 19-1969 (issued May 4, 2020).

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

(February 2000).
3

IT IS HEREBY ORDERED THAT the November 19, 2019 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: November 20, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board