United States Department of Labor

Employees’ Compensation Appeals Board

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R.S., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

WILMINGTON VA MEDICAL CENTER, 

Wilmington, DE, Employer

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Docket No. 22-0185

Issued: February 14, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On November 16, 2021 appellant filed a timely appeal from a June 17, 2021 merit decision 

and an August 20, 2021 nonmerit decision of the Office of Workers’ Compensation Programs

(OWCP). The Clerk of the Appellate Boards assigned the appeal as No. 22-0185.

On April 21, 2021 appellant, then a 51-year-old nurse anesthetist, filed a traumatic injury 

claim (Form CA-1) alleging that on April 19, 2021 he hit his head on a boom/tower of medical 

equipment suspended from a ceiling while in the performance of duty, resulting in blurred vision, 

impaired vision, nausea, head pressure, head pain, and headache.

1

In an activity status report dated April 26, 2021, Dr. Wayne Hentschel, a family medicine 

specialist, noted that appellant’s date of injury was April 19, 2021 and his OWCP File No.

xxxxxx311. He diagnosed post-concussion syndrome.

1 The case record indicates that appellant had filed an occupational disease claim (Form CA-2) on January 21, 2021 

under OWCP File No. xxxxxx311 with an adjudication date of April 30, 2021. This claim was denied as OWCP 

found that the record was unclear as to whether this alleged occupational disease claim was actually a claim for 

traumatic injury.
2

On May 14, 2021 the employing establishment challenged appellant’s claim. It noted that 

it remained unclear if his condition was due to a work event, as there were no witnesses in previous 

claims. The employing establishment stated that appellant’s accusation that he hit his head while 

administering anesthesia was not sufficient to establish causal relationship. 

By decision dated June 17, 2021, OWCP denied appellant’s traumatic injury claim, finding 

that he had not submitted sufficient evidence to establish causal relationship between his diagnosed

vestibular concussion and the accepted employment incident of April 19, 2021. It noted, “In claim 

number xxxxxx311, you submitted multiple reports from Dr. Nathan Holmes, [Board-certified in 

family and sports medicine] diagnosing you with concussion. In the medical report dated 

December 29, 2020, Dr. Holmes noted that you have recurrent vestibular dysfunction and ocular 

tracking issues likely related to a repeat head trauma. There were other reports dated February 5, 

11 and March 8, 2021 from Dr. Holmes that addressed your preexisting concussion diagnosis.”

On July 30, 2021 appellant requested an oral hearing before a representative of OWCP’s 

Branch of Hearings and Review. 

By decision dated August 20, 2021, OWCP denied appellant’s hearing request as it was 

not filed within 30 days of the June 17, 2021 decision. It exercised its discretion in further denying 

the hearing request, finding that the issue could be resolved by requesting reconsideration, and 

submitting evidence not previously submitted.

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 where two or more injuries occur to 

the same part of the body.2 In the present claim, appellant alleged a vestibular concussion that 

occurred on April 19, 2021. It appears from the case record that he filed an occupational disease 

claim under OWCP File No. xxxxxx311 which was referenced in OWCP’s June 17, 2021 decision. 

Therefore, for a full and fair adjudication, the claim in OWCP File No. xxxxxx311 shall be

administratively combined with the present claim. 

Accordingly, the case shall be remanded to OWCP to administratively combine OWCP 

File No. xxxxxx311 with the present claim. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

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

(February 2000).
3

IT IS HEREBY ORDERED THAT the June 17 and August 20, 2021 decisions of the 

Office of Workers’ Compensation Programs are set aside and the case is remanded to OWCP for 

further proceedings consistent with this order of the Board.

Issued: February 14, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board