United States Department of Labor

Employees’ Compensation Appeals Board

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R.C., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

CUSTOMS & BORDER PROTECTION, 

Murrieta, CA, Employer

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Docket No. 21-0883

Issued: March 17, 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 May 21, 2021 appellant filed a timely appeal from a March 3, 2021 merit decision of 

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

assigned the appeal Docket No. 21-0883.

On April 9, 2019 appellant, then a 57-year-old border patrol agent, filed an occupational 

disease claim (Form CA-2) alleging that he developed arthritis due to the factors of his federal 

employment. He noted that he first became aware of his condition and its relation to his federal 

employment on February 26, 2019. Appellant explained that his condition was due to his past and 

current injuries, as well as the physical stress of performing his job duties throughout his career.1 

1 Appellant previously filed a Form CA-1 for a February 10, 1997 traumatic injury under OWCP File No. 

xxxxxx871, OWCP accepted that claim for a sprain/strain of the left knee and a left knee contusion. Appellant also 

filed a Form CA-1 on March 7, 2016 for injuries to his knees, right elbow, and right shoulder under OWCP File No. 

xxxxxx129. On June 1, 2016 OWCP accepted that claim for contusions of the knees; contusion of the right elbow;

strain of unspecified muscle, fascia and tendon at shoulder and upper arm level, right arm; and internal derangement 

of the knees. On April5, 2017 it expanded the acceptance of appellant’s claimunder OWCP File No. xxxxxx129 to 

include chondromalacia of the right and left knee, bicipital tendinitis, right shoulder, and lateral epicondylitis, right 

elbow. On November 13, 2017 OWCP again expanded the acceptance of the claim under OWCP File No. xxxxxx129

to include transient synovitis, right knee. Appellant’s claims have not been administratively combined. 
2

On the reverse side of the claim form, the employing establishment noted that appellant did not 

stop work but was last exposed to the alleged employment factors on August 20, 2018. 

Appellant subsequently submitted an October 8, 2019 statement where he described his 

history of employment dating back to January 31, 1988, his various employment duties, as well as 

previous claims he filed for injuries he sustained in 1988, 1990, 1991, and on March 28, 1994. He 

related that, following these injuries, he treated ongoing symptoms of pain and swelling in his 

joints with ice, heat, and medication, until he eventually retired in March 2019.

By decision dated November 12, 2019, OWCP denied appellant’s occupational disease 

claim, finding that the evidence of record was insufficient to establish that his diagnosed conditions 

were causally related to the accepted factors of his federal employment.

On February 7, 2020 appellant requested reconsideration of OWCP’s November 12, 2019 

decision. 

Appellant submitted a January 2, 2020 narrative medical report in which Dr. Stanley Katz, 

a Board-certified orthopedic surgeon, reviewed appellant’s medical history, employment duties, 

and employment injuries in relation to his bilateral shoulder, right elbow, back, and bilateral knee 

conditions. Dr. Katz opined that appellant’s injuries were consistent with his specific employment 

injuries that occurred between 1988 and March 2016, as well as the continuous trauma injuries he 

incurred due to the nature of his work. He explained that he had a combination of mild arthritis 

and significant tendinitis that classically worsened with repeated heavy physical activity.

By decision dated May 7, 2020, OWCP denied modification of its February 7, 2020 

decision.

On December 4, 2020 appellant requested reconsideration of OWCP’s May 7, 2020 

decision. 

Appellant submitted an August 20, 2020 narrative medical report in which Dr. Katz again 

opined that appellant’s injuries to his knees were a result of a combination of his March 7, 2016 

employment injury under OWCP File No. xxxxxx129, as well as his previous injuries, and his 

employment duties over his 30-year career.

By decision dated March 3, 2021, OWCP denied modification of its May 7, 2020 decision.

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 issue(s) depends on frequent cross-referencing between files.2 For 

example, if a new injury is reported for an employee who previously filed a claim for a similar 

condition or the same part of the body, doubling is required.3 In the present claim, appellant has 

alleged that he developed arthritis as a result of his employment duties and his previously-accepted 

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

(February2000); R.S., Docket No. 19-0416(issued November 26, 2019).

3

Id.; E.P., Docket No. 18-1333 (issued March 22, 2019); K.T.,Docket No. 17-0432 (issued August17, 2018).
3

claims dated from March 28, 1994 to March 7, 2016. Further, Dr. Katz opined that appellant’s 

condition was consistent with his specific employment injuries that occurred between 1988 and 

March 2016, as well as the continuous trauma injuries he incurred due to the nature of his work. 

However, none of appellant’s previous claims have been administratively combined with the 

present claim.

Therefore, for full and fair adjudication, the Board finds that this case shall be remanded 

for OWCP to administratively combine the present case with OWCP File No. xxxxxx129 and any 

other relevant claim files. Following any further development as deemed necessary, it shall issue 

a de novo decision.4

IT IS HEREBY ORDERED THAT the March 3, 2021 decision of the Office of Workers’

Compensation Programs is set aside, and the case is remanded for further action consistent with 

this order of the Board.

Issued: March 17, 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

4

See T.M.,Docket No. 18-0887 (issued February 21, 2019).