United States Department of Labor

Employees’ Compensation Appeals Board

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J.H., Appellant

and

DEPARTMENT OF HOMELAND SECURITY,

TRANSPORTATION SECURITY 

ADMINISTRATION, FEDERAL AIR 

MARSHAL SERVICE, Chicago, IL, Employer

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Docket No. 22-0262

Issued: June 28, 2022

Appearances: Case Submitted on the Record

Eric Blowers, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On December 10, 2021 appellant, through counsel, filed a timely appeal from a

November 10, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards docketed the appeal as Docket No. 22-0262.

On May 22, 2017 appellant, then a 41-year-old federal air marshal, filed a traumatic injury

claim (Form CA-1) alleging that on May 10, 2017 he injured his low back while in the performance 

of duty. He noted that, while flying in mission status, he exited his seat and experienced sudden 

1

In all cases in which a representativehas 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

strain, pain, and burning in his lower back with sciatic pain in the left leg, foot, and toes. 2 Appellant 

stopped work on May 11, 2017.

By decision dated July 7, 2017, OWCP denied appellant’s traumatic injury claim, finding

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

diagnosed medical conditions and the accepted May 10, 2017 employment incident. 

On April 24, 2018 appellant requested reconsideration and submitted additional evidence. 

By decision dated July 20, 2018, OWCP denied modification. 

Appellant requested reconsideration on July 19, 2019. By decision dated October 11, 

2019, OWCP denied modification. 

On September 5, 2020 appellant requested reconsideration. By decision dated 

December 4, 2020, OWCP denied modification of its prior decision. 

On November 5, 2021 appellant requested reconsideration of OWCP’s December 4, 2020 

decision and by decision dated November 10, 2021 it denied modification. 

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 claim under 

OWCP File No. xxxxxx650 also involved an injury to his lower back, which is at issue in the 

present claim under OWCP File No. xxxxxx310. For a full and fair adjudication, this case must 

be returned to OWCP to administratively combine the current case record with OWCP File No. 

xxxxxx650, so it can consider all relevant claim files and accompanying evidence in adjudicating 

his current traumatic injury claim.5

Following this and other such further development as OWCP deems necessary, it shall 

issue a de novo decision. 

2 OWCP assigned this claim OWCP File No. xxxxxx310. Appellant has a previously accepted August 31, 2010

traumatic injury claim for lumbosacral neuritis or radiculitis under OWCP File No. xxxxxx650. His claims have not 

been administratively combined by OWCP.

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

(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 2.400.8(c)(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 November 10, 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: June 28, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board