United States Department of Labor

Employees’ Compensation Appeals Board

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C.G., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

WILLIAM’S. MIDDLETON MEMORIAL 

VETERANS’ HOSPITAL, Madison, WI, 

Employer

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Docket No. 23-0777

Issued: October 5, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On May 10, 2023 appellant filed a timely appeal from an April 3, 2023 merit decision and 

a May 3, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards assigned Docket No. 23-0777.

On January 25, 2023 appellant, then a 51-year-old medical supply aid and technician, 

filed a traumatic injury claim (Form CA-1) alleging that on January 20, 2023 he sustained right 

hip pain after a fall while in the performance of duty.1 He indicated that his right foot slipped out 

from under him after standing up and caused him to fall. On the reverse side of the claim form, 

appellant’s supervisor acknowledged that appellant was injured in the performance of duty. The 

form indicated that appellant stopped work on January 20, 2023. 

1 Appellant previously filed a traumatic injury claim (Form CA-1) for an alleged February 5, 2020 traumatic 

injury. OWCP assigned the claim OWCP File No. xxxxxx961. It received medical evidence regarding appellant’s 

low back, knees, and right hip. By decision dated January 11, 2023, the Board affirmed OWCP decisions dated 

November 9, 2021 and February 15, 2022, which denied the claim as appellant had not established a medical 

condition causally related to the accepted February 5, 2020 employment incident. Docket No. 22-0536 (issued 

January 11, 2023).
2

On January 20, 2023 appellant was seen in an emergency department by Dr. Michael A. 

Mancera, a Board-certified emergency medicine physician. He related right hip pain after a fall 

at work three days prior. Dr. Mancera also noted that appellant had undergone right hip 

placement in October 2022. 

On January 25, 2023 appellant was seen by Dr. Federico G. Leon, a Board-certified 

family medicine physician, for a follow-up to his emergency department visit. He indicated 

“significant” right hip discomfort radiating down to the right groin, the right gluteal area, and the

back of his right leg. Appellant further indicated a worsening of “right lower back degenerative 

pain coming from the facets.” Dr. Leon administered injections to the right gluteus minimus 

muscle, piriformis muscle, and the right L3-L4 facet. He diagnosed right hip pain to the gluteus 

minimus and piriformis muscle, and chronic right L3-L4 facet pain secondary to degenerative 

facet disease.

On February 8, 2023 appellant was seen for another follow-up with Dr. Leon, who 

indicated that appellant was previously noted to have a gluteus minimus and piriformis syndrome 

and a secondary right inguinal ligament tightness with slight neuralgic paresthetic pain. He

related that his pain returned. Dr. Leon administered additional lidocaine and Kenalog 

injections. He related appellant’s diagnoses as right gluteus minimus and medius sprain, and 

right piriformis syndrome. 

In a development letter dated February 28, 2023, OWCP informed appellant that the 

diagnosis of right piriformis syndrome and right inguinal ligament tightness are conditions that 

date back to at least 2021 and that medical reports from his previously denied case showed him 

receiving treatment for those conditions. It noted that the medical reports received failed to 

address whether these preexisting nonwork-related injuries were aggravated, precipitated, or 

accelerated by the alleged January 20, 2023 employment incident. OWCP provided a 

questionnaire to appellant to substantiate the factual elements of his claim. Further, it requested 

appellant to provide a narrative report from a physician containing a detailed description of 

findings and a diagnosis, as well as a medical explanation of how the work incident caused or 

aggravated a medical condition. OWCP afforded appellant 30 days to respond. No response was 

received.

In a note dated February 1, 2022, Dr. John Wollaeger, a Board-certified orthopedic 

surgeon, related that appellant was originally seen in February 2020 for a work-related injury 

when an elevator dropped a couple of floors and came to a sudden stop. Appellant was seen in 

an emergency department at the time for left knee pain, and since then he has also been seen for 

left shoulder pain, neck pain, and right knee pain. He had recently undergone a right hip 

arthroscopy and felt that things were “going well.” Dr. Wollaeger opined that it was “difficult to 

say” whether appellant’s right hip condition directly came from the February 2020 work event,

but felt it was a “possibility.”

In a note dated February 15, 2022, Dr. Brian E. Walczak, an osteopath Board-certified in 

orthopedic surgery, indicated that appellant was seen on November 1, 2021 for right hip pain. 

He reiterated appellant’s injury and treatment history. An x-ray report reviewed by Dr. Walczak 

showed no significant arthritis and a magnetic resonance imaging (MRI) scan reviewed by him

showed evidence of a tear of the labral cartilage of the hip with adjacent cartilage thinning. 

Dr. Walczak further indicated that appellant underwent surgery to repair his hip on December 1, 
3

2021, which showed evidence of significant inflammation inside the hip, full-thickness tearing of 

the labrum with delamination in the anterior superior portion of the labrum, and adjacent 

cartilage damage. He noted that this was repaired arthroscopically and appellant was currently 

rehabilitating his hip. Dr. Walczak opined that the February 2020 injury was “more likely than 

not” an inciting event for “causing” or at least “exacerbating” the pain inside appellant’s hip 

related to cartilage damage and tearing of the hip labrum. 

By decision dated April 3, 2023, OWCP accepted that the January 20, 2023 employment 

incident occurred as alleged and that a medical condition was diagnosed in connection with the 

incident. However, it denied appellant’s claim, finding that the medical evidence of record was 

insufficient to establish causal relationship between his diagnosed condition and the accepted 

January 20, 2023 employment incident. OWCP further noted that the evidence from

Dr. Walczak was the same evidence submitted in appellant’s previously denied traumatic injury 

claim under OWCP File No. xxxxxx961.

On April 29, 2023 appellant requested reconsideration. 

By decision dated May 3, 2023, OWCP denied appellant’s request for reconsideration of 

the merits of his claim, pursuant to 5 U.S.C. § 8128(a). 

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 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-denied traumatic injury claim for a right hip condition under OWCP File No. 

xxxxxx961. He subsequently filed a traumatic injury claim for a right hip condition, which was 

assigned OWCP File No. xxxxxx099, the claim presently before the Board. Thus, for a full and 

fair adjudication, this case must be remanded for OWCP to administratively combine the current 

case record with OWCP File No. xxxxxx961, so that it can consider all relevant claim files and 

accompanying evidence in adjudicating the present claim.4 Following this and other such further 

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

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

(February 2000).

3

Id.; M.L., Docket No. 20-1176 (issued April 29, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); 

L.H., Docket No. 18-1777 (issued July 2, 2019).

4

Supra note 2 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 June 21, 2019).
4

IT IS HEREBY ORDERED THAT the April 3 and May 3, 2023 decisions 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: October 5, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board