United States Department of Labor

Employees’ Compensation Appeals Board

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C.J., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

KANSAS CITY VA MEDICAL CENTER, 

Kansas City, MO, Employer

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Docket No. 23-0109

Issued: March 7, 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 October 24, 2022 appellant filed a timely appeal from a May 20, 2022 merit decision

and September 14 and 29, 2022 nonmerit decisions of the Office of Workers’ Compensation

Programs (OWCP).1 The Clerk of the Appellate Boards docketed the appeal as No. 23-0109.

On February 25, 2022 appellant, then a 52-year-old cook, filed an occupational disease 

claim (Form CA-2) alleging that he developed carpal tunnel syndrome (CTS) due to factors of his 

federal employment, including extensive pushing, pulling, lifting, carrying, and delivering of 

food.2 He related that, since April 1994, his duties have included loading and delivering a food 

cart that has poor ergonomics and holds 30 trays to 200 patients on nine floors. Appellant 

1 The Board notes that, following the September 29, 2022 decision, OWCP received additional evidence. The 

Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that 

was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board 

for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional 

evidence for the first time on appeal. Id.

2 OWCP assigned the present claim OWCP File No. xxxxxx658. Appellant has a previously-accepted October 21, 

2021 traumatic injury for an unspecified sprain of the right wrist and a sprain of the interphalangeal joint of the right 

ring finger under OWCP File No. xxxxxx253. The claims have not been administratively combined by OWCP.
2

explained that he also engaged in repetitive motions including washing dishes, pots, and pans, 

breaking down food scraps, working the tray line, placing food onto trays, and cooking food by

whipping, stirring, flipping, scraping, and serving the food. He noted that he first became aware 

of his condition on October 12, 2021 and realized its relation to his federal employment on 

February 18, 2022. Appellant did not stop work.

A March 8, 2022 letter from the employing establishment noted that appellant had 

previously filed a traumatic injury claim (Form CA-1) for an October 21, 2021 right hand injury 

which was accepted by OWCP, and that he contacted the employing establishment on 

November 1, 2021 seeking information on how to file a claim for CTS. 

On February 18, 2022 appellant advised the employing establishment that he was still 

having issues with his hands and wrists that were causing difficulties performing his work duties. 

It informed him that he could request to have his October 21, 2021 employment injury expanded 

to include a consequential injury or file a new claim for CTS. 

On February 24, 2022 the employing establishment offered appellant a light-duty position 

to accommodate the work restrictions from his accepted October 21, 2021 injury, as well as his 

complaint of ongoing hand and wrist pain.

By decision dated May 20, 2022, OWCP denied appellant’s claim, finding that he had not 

submitted sufficient evidence to establish that the claimed events occurred as alleged. 

Consequently, itfound that appellant had not met the requirements to establish an injury as defined 

by FECA.

On June 21, 2022 appellant requested reconsideration of the May 20, 2022 decision and 

submitted additional evidence. 

By decision dated September 14, 2022, OWCP denied appellant’s request for 

reconsideration of the merits of his claim under 5 U.S.C. § 8128(a).

On September 27, 2022 appellant again requested reconsideration of the May 20, 2022 

decision and submitted additional evidence.

By decision dated September 29, 2022, OWCP denied appellant’s request for 

reconsideration.

The Board, having duly considered this 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 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 has a

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

(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).
3

previously-accepted traumatic injury claim for a sprain of the right wrist and right ring finger joint 

under OWCP File No. xxxxxx253. He subsequently filed an occupational disease claim for CTS 

which was assigned OWCP File No. xxxxxx658, the claim presently before the Board. Thus, for 

a full and fair adjudication, this case must be returned to OWCP to administratively combine the 

current case record with OWCP File No. xxxxxx253, so that it can consider all relevant claim files 

and accompanying evidence in adjudicating the present claim.5

Following this and other such further development as deemednecessary, OWCPshall issue 

a de novo decision.

IT IS HEREBY ORDERED THATthe May 20 and September 14 and 29, 2022decisions

of the Office of Workers’ Compensation Programs are set aside, and the case is remanded for 

further proceedings consistent with this order of the Board. 

Issued: March 7, 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

5

Supra note 3 at Chapter 2.400.8c(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 

18-1558, 18-1568 (issued June21, 2019).