United States Department of Labor

Employees’ Compensation Appeals Board

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E.N., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, LOMPOC FEDERAL 

CORRECTIONAL COMPLEX, Lompoc, CA, 

Employer

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Docket No. 22-1190

Issued: December 1, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant,1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On August 12, 2022 appellant, through counsel, filed a timely appeal from a July 19, 2022

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

Appellate Boards docketed the appeal as No. 22-1190.

On November 25, 2020 appellant, then a 56-year-old training instructor, filed a traumatic 

injury claim (Form CA-1) alleging that on November 17, 2020 he experienced pain and swelling 

in his right knee when he was running to respond to an emergency call and felt a pop in his right 

knee while in the performance of duty.2 He related that the incident caused difficulty walking, 

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 OWCP assigned the present claim OWCP File No. xxxxxx818. Appellant has a previously-accepted April7, 

2016 traumatic injury claim for a right knee injury, anacute tear to the right medial meniscus, and internal derangement 

of the right knee under OWCP File No. xxxxxx906. Appellant also has a previously-filed May 13, 2014 traumatic 

injury claim for a right knee injury under OWCP File No. xxxxxx391. The claims have not been administratively 

combined by OWCP.
2

bending, stretching, and moving his leg from side to side. Appellant stopped work on 

November 19, 2020.

By decision dated January 19, 2021, OWCP denied appellant’s traumatic injury claim, 

finding that he had not submitted sufficient evidence to establish that the events or incident 

occurred as alleged. Consequently, it found that appellant had not met the requirements to 

establish an injury as defined by FECA.

On August 16, 2021 appellant requested reconsideration of the January 19, 2021 decision

and submitted additional evidence in support of his request.

By decision dated September 16, 2021, OWCP accepted that the November 17, 2020 

employment incident occurred as alleged. However, it denied appellant’s traumatic injury claim, 

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

appellant’s diagnosed conditions and the accepted November 17, 2020 employment incident. 

On September 29, 2021 appellant requested reconsideration of the September 16, 2021 

decision. 

By decision dated October 13, 2021, OWCP denied appellant’s request for reconsideration 

of the merits of the claim pursuant to 5 U.S.C. § 8128(a). 

On July 8, 2022 appellant, through counsel, again requested reconsideration of the 

September 16, 2021 decision and submitted additional evidence in support of his request. 

By decision dated July 19, 2022, OWCP denied modification of its September 16, 2021 

decision.

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 Herein, appellant’s claims

under OWCP File Nos. xxxxxx818, xxxxxx391, and xxxxxx906 all involve injuries to the right 

knee. Thus, for a full and fair adjudication, this case must be returned to OWCP to administratively 

combine the current case record with OWCP File Nos. xxxxxx391 and xxxxxx906, so that it can 

consider all relevant claim files and accompanying evidence in adjudicating the present claim.5 

Following this and other such further development as deemed necessary, OWCP shall issue a

de novo decision.

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

(February2000).

4

Id.; M.L., Docket No. 20-1176 (issued April29, 2021);L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., 

Docket No. 18-1777 (issued July 2, 2019).

5

Supra note 3 at Chapter 2.400.8c(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 18-

1558, 18-1568 (issued June 21, 2019).
3

IT IS HEREBY ORDERED THAT the July 19, 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: December 1, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board