United States Department of Labor

Employees’ Compensation Appeals Board

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M.D., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, FEDERAL 

CORRECTIONAL INSTITUTION PHOENIX, 

Phoenix, AZ, Employer

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Docket No. 22-0559

Issued: October 26, 2022

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

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 6, 2022 appellant filed a timely appeal from a February 16, 2022 merit decision 

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

docketed the appeal as No. 22-0559.

On August 16, 2018 appellant, then a 36-year-old cook foreman, filed an occupational 

disease claim (Form CA-2) alleging that he sustained a back injury causally related to factors of 

his federal employment including bending forward to pump water from food trailers six to eight 

times a day. He indicated that he first became aware of his condition and related it to factors of 

his federal employment on June 18, 2018. OWCP assigned the claim OWCP File No. xxxxxx530. 

On August 31, 2018 it expanded its acceptance of the claim to include right-sided sciatica.

Appellant had previously filed a traumatic injury claim (Form CA-1) alleging that he 

sustained a back injury on February 4, 2012 when carrying inmate property from one cell to 

another. OWCP assigned that claim OWCP File No. xxxxxx444 and on March 7, 2012, accepted 

it for a herniated L4-5 disc and sciatica. On October 22, 2012 it expanded its acceptance of the 

claim to include a permanent aggravation of avascular necrosis of the right hip. By decision dated 

September 26, 2013, OWCP granted appellant a schedule award for 27 percent permanent 
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impairment of the right lower extremity and 0 percent permanent impairment of the left lower 

extremity. The period of the award ran for 77.76 weeks from August 20, 2013 through 

February 15, 2015.

On June 10, 2021, under OWCP File No. xxxxxx530, appellant filed a claim for 

compensation (Form CA-7) for a schedule award for additional permanent impairment of the lower 

extremities.

On July 9, 2021 OWCP requested that OWCP’s district medical adviser (DMA) review the 

record and a statement of accepted facts (SOAF), which referenced that appellant had been 

previously awarded compensation for 27 percent permanent impairment of the right lower 

extremity and 0 percent permanent impairment of the left lower extremity under OWCP File No. 

xxxxxx444. Dr. Michael M. Katz, a Board-certified orthopedic surgeon serving as OWCP’s

DMA, submitted a July 12, 2021 impairment rating for an additional three percent permanent 

impairment of the right upper extremity. He referenced medical evidence under OWCP File No. 

xxxxxx444.

By decision dated August 13, 2021, under OWCP File No. xxxxxx530, OWCP granted 

appellant a schedule award for an additional three percent permanent impairment of the right lower 

extremity. The period of the award ran for 8.64 weeks from April 26 through June 25, 2021.

On August 27, 2021 appellant requested a telephonic hearing before a representative of 

OWCP’s Branch of Hearings and Review, which was held on December 9, 2021.

By decision dated February 16, 2022, OWCP’s hearing representative affirmed the

August 13, 2021 decision. He referenced appellant’s prior claim in OWCP File No. xxxxxx444

and summarized medical evidence found in that case record. The hearing representative directed 

that OWCP administratively combine OWCP File No. xxxxxx530 with OWCP File No. 

xxxxxx444 to prevent an inadvertent overlap in awards and to facilitate a clearer understanding of 

the total impairment going forward.

The Board has duly considered the matter and finds 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-referencing between files.1 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. 2 Herein, appellant has a 

previously accepted claim for sciatica and a herniated L4-5 disc under OWCP File No. xxxxxx444.

The present claim, OWCP File No. xxxxxx530, also pertains to accepted right-sided sciatica. 

Appellant’s claims, however, have not been administratively combined by OWCP. For a full and 

 

1

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

(February2000).

 

2

Id.; Order Remanding Case, A.J., Docket No. 21-1410 (issued May 10, 2022); R.H., Docket No. 21-0575 (issued 

December 21, 2021); D.C., Docket No. 19-0100 (issued June 3, 2019); N.M., Docket No. 18-0833 (issued April18, 

2019); K.T., Docket No. 17-0432 (issued August 17, 2018).
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fair adjudication, the case must be returned to OWCP to administratively combine the current case 

record with OWCP File No. xxxxxx444. Following this and such other further development as 

OWCP deems necessary, it shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the February 16, 2022 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: October 26, 2022

Washington, DC

Patricia H. Fitzgerald, 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