United States Department of Labor

Employees’ Compensation Appeals Board

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J.V., Appellant

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DEPARTMENT OF HOMELAND SECURITY, 

U.S. CUSTOMS AND BORDER PROTECTION, 

Corpus Christi, TX, Employer

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Docket No. 22-1047

Issued: March 14, 2023

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

JAMES D. McGINLEY, Alternate Judge

On July 6, 2022 appellant filed a timely appeal from an April 25, 2022 merit decision and 

a July 6, 2022 nonmerit decision of the Office of Workers’Compensation Programs (OWCP). The 

Clerk of the Appellate Boards assigned Docket No. 22-1047.

On January 18, 2022 appellant, then a 50-year-old border patrol agent, filed an 

occupational disease claim (Form CA-2) alleging that he sustained severe right shoulder pain due 

to factors of his federal employment, including physical tasks during his 22-plus years in law 

enforcement. He added that two previous surgeries on his left shoulder left him with an 

impairment rating and a very weak left arm. Appellant noted that he first became aware of his 

condition and its relation to his federal employment on January 18, 2022. On the reverse side of 

the claim form, appellant’s supervisor reported that he was retired and was last exposed to the 

conditions alleged to have caused the claimed condition on June 21, 2021. OWCP assigned 

OWCP File No. xxxxxx898.

In an accompanying narrative statement, appellant described his work duties and noted that 

he had previously sustained an accepted leftshoulder injury, which resulted in two surgeries. He 
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reported that, due to the high percentage of impairment of his left shoulder, he had to compensate 

in his daily activities by just using his right arm.

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In a January 26, 2022 development letter, OWCP informed appellant of the deficiencies of 

his claim. It advised him of the type of factual and medical evidence needed and provided a 

questionnaire for his completion. OWCP afforded appellant 30 days to respond.

By decision dated April 25, 2022, OWCP denied appellant’s occupational disease claim,

finding that the evidence of record was insufficient to establish that his medical condition was 

causally related to the accepted factors of his federal employment.

On May 3, 2022 appellant requested reconsideration.

By decision dated July 6, 2022, OWCP denied appellant’s request for reconsideration of 

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

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

new injury case is reported for an employee who previously filed an injury claim for a similar 

condition, doubling is required.3 Regarding alleged consequential injuries, in discussing the range 

of compensable consequences, once the primary injury is causally connected with the employment, 

the question is whether compensability should be extended to a subsequent injury or aggravation

related in some way to the primary injury. The basic rule is that a subsequent injury, whether an 

aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and 

natural result of a compensable primary injury.4 Herein, appellant reported that, due to the length 

of time and high percentage of impairment of his accepted left shoulder claims, he had to 

compensate in his daily activities by just using his right arm, which resulted in his right shoulder 

condition.

1 The record reflects that appellant has previously-accepted traumatic injury claims (Form CA-1) for left shoulder 

conditions. A December 19, 2016 claim under OWCP File No. xxxxxx966 was accepted for other specific joint 

derangements of the left knee, left shoulder rotator cuff strain, and other disturbances of skin sensation; a March28,

2018 claim under OWCP File No. xxxxxx903was accepted for sprain of left shoulder joint; and a February 12, 2019 

claim under OWCP File No. xxxxxx994 was accepted for left shoulder rotator cuff strain and tear. OWCP granted 

appellant a schedule award for 16 percent permanent impairment of the left upper extremity under OWCP File No. 

xxxxxx994.

2 K.K., Docket No. 20-0581 (issued September 14, 2020); seeFederal (FECA) Procedure Manual, Part 2 --Claims, 

File Maintenance and Management, Chapter 2.400.8c (February 2000).

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Id.; D.C., Docket No. 19-0100 (issued June3, 2019); N.M., Docket No. 18-0833 (issued April18, 2019); K.T., 

Docket No. 17-0432 (issued August17, 2018).

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See C.H., Docket No. 20-0228 (issued October 7, 2020);see also K.S., Docket No. 17-1583 (issued May 10, 2018).
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The Board finds that for a full and fair adjudication of appellant’s claim, the case shall be 

remanded to OWCP to administratively combine OWCP File Nos. xxxxxx898, xxxxxx966, 

xxxxxx903, and xxxxxx994. Following any further development deemed necessary, it shall issue 

a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the April 25 and July 6, 2022 decisions of the Office 

of Workers’ Compensation Programs are set aside, and the case is remanded for further 

proceedings consistent with this order of the Board.

Issued: March 14, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board