United States Department of Labor

Employees’ Compensation Appeals Board

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R.H., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

U.S. CUSTOMS & BORDER PROTECTION, 

Miami, FL, Employer

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Docket Nos. 21-0121 and 21-

1252

Issued: June 9, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASES

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On November 4, 2020 appellant, through counsel, filed a timely appeal from a June 25, 

2020 merit decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP 

File No. xxxxxx721. The Clerk of the Appellate Boards docketed the appeal as No. 21-0121. On 

August 19, 2021 appellant, through the same counsel, filed a timely appeal from a June 29, 2021 

merit decision of OWCP under OWCP File No. xxxxxx436. The Clerk of the Appellate Boards 

docketed the appeal as Docket No. 21-1252. 

On April 29, 2019 appellant, then a 50-year-old customs and border protection officer, filed 

a traumatic injury claim (Form CA-1) alleging that on March 31, 2019 he injured his left hip and 

lower back when he kneeled on his left side to assist his fellow officers with detaining and 

handcuffing a combative, non-compliant subject while in the performance of duty. OWCP 

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

assigned the claim OWCP File No. xxxxxx436.2 By decision dated June 29, 2021, it denied 

appellant’s claim finding that the medical evidence of record was insufficient to establish a causal 

relationship between his diagnosed conditions and the accepted employment incident.

On September 25, 2019 appellant subsequently filed a new Form CA-1 alleging that on 

September 16, 2019 he twisted and injured his hips when he repositioned himself from the 

passenger seat to the driver’s seat of an employing establishment vehicle while in the performance 

of duty. OWCP assigned the claim OWCP File No. xxxxxx721. By decision dated November 15, 

2019, it denied the claim finding that the evidence of record was insufficient to establish a 

diagnosed medical condition in connection to the accepted employment incident. OWCP,

therefore, concluded that the requirements had not been met to establish an injury as defined by 

FECA. By decision dated January 24, 2020, it affirmed the November 15, 2019 decision, as 

modified, finding that the medical evidence of record was insufficient to establish causal 

relationship between the accepted employment incident and the diagnosed condition. By decision 

dated June 25, 2020, OWCP denied modification of the January 24, 2020 decision. Appellant’s 

claims have not been administratively combined.

The Board has duly considered the matter and concludes that these cases are 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 Under OWCP File No. 

xxxxxx436, appellant alleged injuries to his left hip and lower back. He previously filed a claim 

for a lower back injury under OWCP File No. xxxxxx417, which OWCP allowed for limited 

payment of medical expenses, and subsequently filed a claim for a bilateral hip injury under File 

No. xxxxxx721. For a full and fair adjudication of appellant’s current claim, the cases must be 

returned to OWCP to administratively combine appellant’s claims under File Nos. xxxxxx436, 

xxxxxx417, and xxxxxx721, because they concern the same parts of the body. This will allow 

OWCP to consider all relevant claim files in adjudicating appellant’s claims.5 Following this and 

other such further development as OWCP deems necessary, it shall issue a de novo decision in 

each of appellant’s claims.

2 Under OWCP File No. xxxxxx417, appellant previously filed a Form CA-1 alleging that on February22, 2016 he 

injured his right-side lower back and hip/leg as a result of lifting subjects’ baggage onto a table to inspect while in the 

performance of duty. OWCP allowed payment of limited medical expenses without formal adjudication. 

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

(February2000).

4

Id.; see also M.E., Order Remanding Case, Docket No. 21-0094 (issued May27, 2021); L.M., Order Remanding 

Case, Docket No. 19-1490 (issued January29, 2020).

5

See C.W., Order Remanding Case, Docket Nos. 18-1764 and 19-0709 (issued August27, 2020); P.G., Order 

Remanding Case, Docket No. 17-1461 (issued February 7, 2019).
3

IT IS HEREBY ORDERED THAT the June 29, 2020 and June 25, 2021 decisions of the 

Office of Workers’ Compensation Programs are set aside, and the cases are remanded for further 

proceedings consistent with this order of the Board.

Issued: June 9, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board