United States Department of Labor

Employees’ Compensation Appeals Board

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L.F., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

U.S. MARSHALS SERVICE, New York, NY, 

Employer

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Docket No. 20-1020

Issued: December 7, 2020

Appearances: Case Submitted on the Record

Andrew Douglas, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

CHRISTOPHER J. GODFREY, Deputy Chief Judge

JANICE B. ASKIN, Judge

On April 1, 2020 appellant, through counsel, filed a timely appeal from a March 13, 2020 

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

Appellate Boards docketed the appeal as Docket No. 20-1020. 

On May 10, 2017 appellant, then a 46-year-old federal law enforcement officer, filed an 

occupational disease claim (Form CA-2) alleging that he developed left wrist carpal tunnel 

syndrome due to factors of his federal employment, due to repetitive motion including cuffing and 

uncuffing prisoners since 2001. He indicated that he first became aware of his condition and first 

realized that it was caused or aggravated by his employment on September 16, 2016. On the 

reverse side of the claim form, the employing establishment indicated that appellant first reported 

his condition on May 17, 2017. It noted that appellant was last exposed to conditions alleged to 

have caused his injury on March 14, 2016. OWCP assigned the case OWCP File No. xxxxxx984.

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

In a development letter dated June 7, 2017, OWCP informed appellant that additional 

evidence was needed to establish of his claim. It advised him of the factual and medical evidence 

that was needed and attached a questionnaire for his completion. OWCP afforded appellant 30 

days to submit the requested evidence.

Appellant responded by letter dated September 2, 2017 and explained that since 2001 he 

had been repetitively “bending and twisting” his wrists when cuffing and uncuffing prisoners. He 

explained that he placed inmates in and out of handcuffs and leg irons in order to move them, and 

that he opened cellblock doors and trap doors to feed inmates, sometimes performing these 

repetitive activities over a hundred times per day. Appellant indicated that OWCP accepted his 

claim for right hand carpal tunnel syndrome in OWCP File No. xxxxxx959, and he stated that 

medical reports related to that claim dated June 9 and 23, 2014 from Dr. Louis Rose, a Boardcertified orthopedic surgeon, mentioned his left wrist carpal tunnel syndrome and recommended 

diagnostic testing for his left wrist. Appellant indicated that Dr. Rose’s physical examination of 

his left wrist had revealed a positive Phalen’s maneuver and a positive median nerve compression 

test.

By decision dated October 17, 2017, OWCP denied appellant’s occupational disease claim 

finding that the evidence of record was insufficient to establish causal relationship between his 

diagnosed left wrist condition and the accepted factors of his federal employment.

On October 31, 2017 appellant, through former counsel, requested an oral hearing before

a representative of OWCP’s Branch of Hearings and Review, which was held on April 12, 2018. 

By decision dated June 27, 2018, a hearing representative affirmed OWCP’s October 17, 2017 

decision.

Appellant thereafter continued to submit requests for reconsideration, which OWCP denied 

after merit reviews on December 19, 2018, February 7 and May 24, 2019. On December 16, 2019 

appellant requested reconsideration and submitted additional evidence. By decision dated 

March 13, 2020, OWCP denied modification of its May 24, 2019 decision.

The Board finds that this case is not in posture for decision. 

Pursuant to 20 C.F.R. § 501.2(c)(1), 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. Decisions on claims are 

based on the written record, which may include forms, reports, letters, and other evidence of 

various types such as photographs, videotapes, or drawings.2 Evidence may not be incorporated 

by reference.3 Evidence contained in another of the claimant’s case files may be used, but a copy 

of that evidence should be placed into the case file being adjudicated.4 

On February 26, 2014 appellant filed an occupational disease claim (Form CA-2) assigned 

OWCP File No. xxxxxx959 alleging that he sustained carpal tunnel syndrome in his right wrist 

 

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, Initial Development of Claims, Chapter 2.800.5a 

(June 2011).

3

Id.

4

Id. 
3

due to factors of his federal employment. OWCP accepted the claim for right carpal tunnel 

syndrome. In adjudicating appellant’s current left wrist carpal tunnel claim in OWCP File No. 

xxxxxx984, appellant referenced medical evidence in his previously accepted claim for right hand 

carpal tunnel syndrome in OWCP File No. xxxxxxx959. OWCP has not, however, 

administratively combined the case records or incorporated the relevant and contemporaneous 

medical evidence into the current case record.5 The Board has previously held that if a new injury 

case is reported for an employee who previously filed an injury claim for a similar condition,

administratively combining the files is required.6

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

case record with OWCP File No. xxxxxx959. Therefore, the case shall be remanded to OWCP for 

proper consolidation of case files. After OWCP has developed the record consistent with the 

above-noted directive, it shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the March 13, 2020 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: December 7, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

 

5 See id. at File Maintenance and Management, Chapter 2.400.8c (February 2000) (cases should be administratively 

combined when correct adjudication of the issues depends on frequent cross-reference between files).

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