United States Department of Labor

Employees’ Compensation Appeals Board

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N.E., Appellant

and

U.S. POSTAL SERVICE, MARGARET L. 

SELLERS PROCESSING & DISTRIBUTION 

FACILITY, San Diego, CA, Employer

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Docket No. 21-0581

Issued: May 6, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 4, 2021 appellant filed a timely appeal from a February 24, 2021 merit decision 

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

docketed the appeal as No. 21-0581.1

On January 11, 2021 appellant, then a 39-year-old mail handler, filed a traumatic injury 

claim (Form CA-1) alleging that, on December 29, 2020, at approximately 11:50 p.m., he injured 

his right knee when he stepped in a hole in the floor when offloading a dark trailer while in the 

performance of duty. He explained that he felt a pop in his right knee and noted that he had 

1 The record provided to the Board includes evidence received after OWCP issued its February 24, 2021 decision. 

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

previously sustaineda work-related right knee injury that required surgical intervention. Appellant 

stopped work that day. OWCP assigned the present claim OWCP File No. xxxxxx364.

2

 

In support of his claim, appellant submitted medical evidence, a narrative statement, and 

witness statements.

In a January 20, 2021 development letter, OWCP informed appellant of the deficiencies of 

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

and afforded appellant 30 days to submit the necessary evidence. 

Appellant submitted additional medical evidence. 

By decision dated February 24, 2021, OWCP denied appellant’s claim. It accepted that the 

December 29, 2020 employment incident occurred as alleged and that a right knee condition had 

been diagnosed, however, it denied his claim finding that he had not established causal relationship 

between the accepted employment incident and the diagnosed condition. 

The Board has duly considered the matter and concludes 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.3 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.4 In the present claim, 

appellant alleged a right knee injury. OWCP had previously accepted a traumatic injury for a 

medial meniscus tear of the right knee under OWCP File No. xxxxxx683. However, appellant’s 

right knee claims have not been administratively combined. 

For a full and fair adjudication of appellant’s current claim, the case shall be remanded to 

OWCP to administratively combine the current case record under OWCP File No. xxxxxx364 with 

appellant’s prior claim under OWCP File No. xxxxxx683.5 Following this and other such further 

development as OWCP deems necessary, it shall issue a de novo decision.6

2 The record reflects that appellant has a previously accepted a traumatic injury claim for other tear of medial 

meniscus of the right knee under OWCP File No. xxxxxx683.

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

(February2000).

4

Id.; L.M., Docket No. 19-1490 (issued January 29, 2020); L.H.,Docket No 18-1777 (issued July 2, 2019).

5

Id.

6 R.G., Docket No. 19-1755 (issued July 7, 2020); L.M., supranote 4.
3

IT IS HEREBY ORDERED THAT the February 24, 2021 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: May 6, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board