United States Department of Labor

Employees’ Compensation Appeals Board

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B.B., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, FEDERAL 

CORRECTIONAL COMPLEX, BEAUMONT, 

Beaumont, TX, Employer

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Docket No. 23-1015

Issued: January 30, 2024

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

VALERIE D. EVANS-HARRELL, Alternate Judge

On July 26, 2023 appellant filed a timely appeal from a July 18, 2023 merit decision of the 

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

the appeal Docket No. 23-1015.

On January 26, 2010 appellant, then a 37-year-old cook filed a traumatic injury claim 

(Form CA-1) alleging that on January 25, 2010 his feet became caught in plastic wrap and he fell 

fracturing his left elbow while in the performance of duty. He stopped work on the date of injury. 

OWCP accepted the claim for closed fracture of the lower end of the left humerus, closed fracture 

of the olecranon process of the left ulna, closed fracture of the lower end of the left humerus, 

supracondylar; and pathologic fracture of the left humerus.

1

1 OWCP assigned the present claim OWCP File No. xxxxxx483. Appellant has a previously accepted May 19, 

2011 traumatic injury claim under OWCP File No. xxxxxx885 for contusion of the left elbow and contusion of his left 

eye.
2

On November 10, 2022 appellant filed a notice of recurrence (Form CA-2a) for medical 

treatment beginning October 26, 2022 due to increased left elbow pain, stiffness, and weakness

causally related to his accepted January 25, 2010 employment injury.

In a December 7, 2022 development letter, OWCP informed appellant of the deficiencies 

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

questionnaire for his completion. OWCP afforded appellant 30 days to submit the necessary 

evidence.

On December 28, 2022 appellant completed the development questionnaire and alleged 

that he had developed chronic and increasing pain in his left elbow with decreased range of motion.

He reported that he had sustained an additional left elbow injury on May 19, 2011 in OWCP File 

No. xxxxxx885.

By decision dated January 10, 2023, OWCP denied appellant’s recurrence claim, finding 

that there was no medical evidence of record to establish a recurrence of the need for medical 

treatment due to the worsening of his accepted left elbow condition.

On January 24, 2023 appellant requested a review of the written record by a representative 

of OWCP’s Branch of Hearings and Review and provided additional evidence.

By decision dated July 18, 2023, OWCP’s hearing representative affirmed the January 10, 

2023 decision finding that the medical evidence of record was insufficient to establish a recurrence 

of a medical condition on October 26, 2022 causally related to appellant’s accepted left elbow 

condition.

The Board, having duly considered this matter, finds that the 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 or the same part of the body, doubling is required. 3

Herein, appellant has a previously accepted left elbow injury under OWCP File No. 

xxxxxx885. OWCP subsequently accepted an additional traumatic injury claim for the same part 

of the body as the claim in OWCP File No. xxxxxx483. Therefore, for a full and fair adjudication, 

the case shall be returned to OWCP to administratively combine the current case record, OWCP 

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

(February 2000).

3

Id.; Order Remanding Case, K.W.,Docket No. 22-0951 (issued January 26, 2023); Order Remanding Case, A.D.,

Docket No. 22-0147 (issued July1, 2022); Order Remanding Case, S.G.,Docket No. 21-0396 (issued September 27, 

2021); Order Remanding Case, R.L., Docket No. 20-0901 (issued July 27, 2021); Order Remanding Case, M.E.,

Docket No. 21-0094 (issued May 27, 2021); Order Remanding Case, L.M.,Docket No. 19-1490 (issued January 29, 

2020); Order Remanding Case, L.H., Docket No. 18-1777 (issued July 2, 2019).
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File No. xxxxxx483, with OWCP File No. xxxxxx885. Following any further development 

deemed necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the July 18, 2023 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: January 30, 2024

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board