United States Department of Labor

Employees’ Compensation Appeals Board

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T.B., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Buffalo, NY, Employer

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Docket No. 22-0021

Issued: May 24, 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 October 5, 2021 appellant filed a timely appeal from an April 30, 2021 merit decision 

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

assigned the appeal Docket No. 22-0021.

On September 9, 2017 appellant, then a 59-year-old letter carrier, filed a notice of 

recurrence (Form CA-2a) claiming disability due to a material change/worsening of his accepted 

August 5, 2016 right knee sprain under OWCP File No. xxxxxx808.

1

 He indicated that he had 

returned to full-duty work and, after working 10-hour shifts in January and February 2017, felt 

pain in his knee. On September 6, 2017 he again felt pain in the knee when he placed weight on 

his leg while delivering mail. Appellant indicated that he was diagnosed with a torn posterior 

cruciate ligament (PCL) and prescribed physical therapy. 

On October 26, 2017 OWCP converted the claim from a recurrence of disability to an 

occupational disease claim, as appellant had alleged a new injury that was caused by work factors 

over more than one work shift. It assigned the claim OWCP File No. xxxxxx446.

1 OWCP File No. xxxxxx808 is accepted for a traumatic injury occurring on August 5, 2016 causing right knee 

sprain.
2

By decision dated January 2, 2018, OWCP denied appellant’s occupational disease claim

for a medical condition arising on or about September 6, 2017. It found that the medical evidence 

of record was insufficient to establish causal relationship between a diagnosed medical condition 

and the accepted factors of his federal employment. 

On March 27, 2018 appellant requested reconsideration. Additional evidence including 

reports from Dr. Frank J. Schlehr, a Board-certified orthopedic surgeon, was submitted. In a 

February 21, 2018 report, Dr. Schlehr reported appellant injured his right knee on September 6, 

2017 while delivering mail and was diagnosed with a Grade 1 PCL tear and medial compartmental 

osteoarthritic changes. He noted that appellant had previously injured the same knee on August 5, 

2016 and tore his PCL and had returned to work at a full-duty status by the end of October 2016. 

Dr. Schlehr examined appellant’s previous medical records and opined that the right knee suffered 

further damage since the original injury. He explained that the new episode of instability and knee 

joint effusion with increased medial joint pain was consistent with further sprain of the PCL. There 

was also exacerbation of osteoarthritis as well as daily wear-and-tear from the duties of his job. 

Based on these medical findings and appellant’s job description, Dr. Schlehr concluded that the 

long-term work activities from October 2016 to August 2017 caused the degradation of the injury 

to the right knee. He further opined that appellant was able to work in a limited capacity due to 

this injury.

By decision dated June 21, 2018, OWCP denied modification of the January 2, 2018 

decision, finding that the medical evidence was of insufficient probative value to support causal 

relationship. It explained that there was no clear-cut medical opinion, based on an accurate factual 

and medical history, which cited to objective findings and which described exactly how the work 

factors of appellant’s employment caused, aggravated, precipitated or accelerated appellant’s right 

knee conditions.

OWCP continued to receive medical progress reports from Dr. Schlehr.

On January 3, 2019 appellant requested reconsideration. By decision dated March 5, 2019, 

OWCP denied modification of the June 21, 2018 decision, finding that the medical evidence of 

record failed to provide the physiological process by which appellant’s work activities as a city 

carrier caused and/or aggravated the diagnosed medical conditions. On May 9, 2019 appellant 

requested reconsideration. By decision dated August 7, 2019, OWCP denied modification of the 

March 5, 2019 decision. On January 28, 2020 appellant requested reconsideration. He also noted 

his disagreement with OWCP’s decision and submitted additional reports from Dr. Schlehr. By 

decision dated April 14, 2020, OWCP denied modification of its August 7, 2019 decision. OWCP 

received additional medical reports from Dr. Schlehr and statements from appellant dated 

March 19 and April 2, 2021.

On April 3, 2021 appellant again requested reconsideration. By decision dated April 30, 

2021, OWCP denied modification of its April 14, 2020 decision.

The Board has duly considered this matter and concludes that the case is not in posture for 

decision. 
3

OWCP’s procedures provide that cases should be administratively combined when correct 

adjudication of the issues depends on frequent cross-referencing between files.2 For example, if a 

new injury 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.3

In the instant case, appellant had a prior traumatic injury claim for his right knee in OWCP 

File No. xxxxxx808. He then filed a recurrence claim which OWCP converted to a new

occupational disease claim for injury to the same body part, assigned OWCP File No. xxxxxx 446. 

As both claims involve injuries to appellant’s right knee, for a full and fair adjudication, the Board 

will remand the case to OWCP to administratively combine OWCP File Nos. xxxxxx446

xxxxxx808.4 This will allow OWCP to consider all relevant claim files and accompanying 

evidence in developing the present claim. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the April 30, 2021 merit 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 24, 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

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

(February2000).

3

Id.;see P.B., Docket No. 19-1532 (issued April30, 2020); L.H.,Docket No 18-1777 (issued July 2, 2019).

4 E.J.,Docket No. 21-1044 (issued March 16, 2022); T.T., Docket No. 21-0049 (issued May 3, 2021); S.D., Docket 

No. 19-0590 (issued August 28, 2020).