United States Department of Labor

Employees’ Compensation Appeals Board

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C.S., Appellant

and

U.S. POSTAL SERVICE, NORTH TEXAS 

PROCESSING & DISTRIBUTION CENTER, 

Coppell, TX, Employer

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Docket No. 21-0347

Issued: June 9, 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

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On January 4, 2021 appellant filed a timely appeal from an October 6, 2020 merit decision 

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

docketed the appeal as No. 21-0347.

On October 22, 2019 appellant, then a 64-year-old mail processing clerk, filed a traumatic 

injury claim (Form CA-1) alleging that on September 29, 2019 she reinjured her right knee, which 

had been surgically repaired three weeks earlier, when she stepped on a loose covered drainage 

vent, lost her balance and fell landing on her hands and knees in the employing establishment 

parking lot, while in the performance of duty. She stopped work on October 2, 2019 and returned 

to work on October 9, 2019. Under OWCP File No. xxxxxx450, OWCP accepted the claim for 

right knee contusion, right knee sprain, tear of lateral meniscus right knee, and strain of right leg. 

It subsequently expanded acceptance of the claim to include chondromalacia patellae of the right 

knee. 

Appellant submitted claims for compensation (Form CA-7) for disability from work for 

the periods August 12 through September 13, 2020. 

In a report dated July 23, 2020, Dr. Jack M. Thomas, an orthopedic surgeon, related that 

appellant’s right knee injury and subsequent surgery had now evolved culminating in 
2

post-traumatic osteoarthritis of the right knee. He recommended that the acceptance of her claim 

be expanded to include post-traumatic arthritis of the right knee, and that a right knee brace and 

viscosupplementation injections of the right knee be authorized. 

On August 24, 2020 OWCP referred the case record to a district medical adviser (DMA) 

for an opinion as to whether appellant’s claim should be expanded for acceptance of post-traumatic 

right knee arthritis. On September 3, 2020 Dr. Nathan Hammel, a Board-certified orthopedic 

surgeon, acting as OWCP’s DMA noted that she had preexisting right knee arthritis and therefore 

acceptance of her claim should not be expanded. 

OWCP developed the claim, but did not issue a final decision on the issue of whether the 

case should be expanded to include post-traumatic arthritis of the right knee. 

By decision dated October 6, 2020, OWCP denied appellant’s claims for wage-loss 

compensation finding that she had not established disability from work for the period August 12, 

20201 and continuing causally related to the accepted September 29, 2019 employment injury.2 

The Board finds that this case is not in posture for decision. 

In adjudicating the current claim under OWCP File No. xxxxxx450, OWCP should have 

rendered a decision regarding expansion of the claimed osteoarthritis right knee condition prior to 

denying the disability claim. It is well established that proceedings under FECA are not adversarial 

in nature and, while appellant has the burden of proof to establish entitlement to compensation, 

OWCP shares responsibility in the development of the evidence.3 OWCP has an obligation to see 

that justice is done.4 The issue of whether appellant’s post-traumatic arthritic right knee was 

caused or aggravated by the accepted employment injury is material to and could potentially affect 

the outcome of her disability claim commencing August 12, 2020. 

On remand OWCP shall issue a decision regarding whether appellant’s osteoarthritic right 

knee was causally related to the accepted September 29, 2019 employment injury. Following any 

further development as deemed necessary, it shall also issue a de novo decision regarding 

appellant’s disability claim.5 

1 The Board notes that, based on the evidence of record, OWCP mistakenly identified the commencement date for 

disability as August24, 2020 as that was the date it received appellant’s CA-7 form. 

2 On October 20, 2020 appellant filed an occupational disease claim (Form CA-2) alleging that her bilateral knee 

osteoarthritis was caused or aggravated by her employment duties on or about July 23, 2020. OWCP assigned that 

claim OWCP File No. xxxxxx797 and, on January 7, 2021accepted the condition of right knee unilateral osteoarthritis. 

It paid appellant appropriate wage-loss compensation based on the date her disability began,October 17, 2020. 

3

See A.D., Docket No. 21-0143 (issued November 15, 2021); see also A.P., Docket No. 17-0813 (issued January 3, 

2018); Jimmy A. Hammons, 51 ECAB 219, 223 (1999).

4

Id.; B.C., Docket No. 15-1853 (issued January 19, 2016); E.J., Docket No. 09-1481 (issuedFebruary 19, 2010);

John J. Carlone, 41 ECAB 354 (1989).

5 On remand OWCP should consolidate the current claim with OWCP File No. xxxxxx797 as both claims pertain 

to right knee conditions. See supra note 2.
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IT IS HEREBY ORDERED THAT the October 6, 2020 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 9, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board