United States Department of Labor

Employees’ Compensation Appeals Board

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M.M., Appellant

and

U.S. POSTAL SERVICE, NEW CITY POST 

OFFICE, New City, NY, Employer

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Docket No. 22-1123

Issued: January 6, 2023

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

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 July 26, 2022 appellant, through counsel, fileda timely appeal from a July 7, 2022 merit 

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

Boards docketed the appeal as No. 22-1123.

On April 21, 2021 appellant, then a 50-year-old letter carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on that day he sustained a right knee injury when he felt a “pop” in his 

knee as he walked down a driveway while in the performance of duty. He stopped work on 

April 22, 2021. 

A magnetic resonance imaging (MRI) scan of appellant’s right knee obtained on May 13, 

2021 demonstrated a complex tear of the medial meniscus with displacement of an undersurface 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

flap into the medial femorotibial recess; medial femorotibial chondromalacia with subchondral 

edema in the medial tibial plateau; and joint effusion.

In a report dated May 14, 2021, Dr. Arup K. Bhadra, an orthopedic surgeon, examined the 

MRI scan of appellant’s right knee and diagnosed a medial meniscus tear of the right knee’s 

posterior horn complex. He opined that the April 21, 2021 incident was the competent medical 

cause of appellant’s injury, as complaints and objective findings were consistent.

By decision dated June 28, 2021, OWCP denied appellant’s claim, finding that the medical 

evidence of record was insufficient to establish causal relationship between his diagnosed medical 

conditions and the accepted April 21, 2021 employment incident. It concluded, therefore, that the 

requirements had not been met to establish an injury and/or medical condition causally related to 

the accepted employment incident. In its denial, OWCP referenced hospital notes dated 

August 26, 2019, which indicated preexisting right knee conditions and resultant surgery, found 

under OWCP File No. xxxxxx931. 

On July 20, 2021 appellant, through counsel, requested a telephonic hearing before a 

representative of OWCP’s Branch of Hearings and Review. The hearing was held on 

June 28, 2021.

By decision dated December 29, 2021, the hearing representative affirmed OWCP’s 

June 28, 2021 decision. 

On April 8, 2022 appellant, through counsel, requested reconsideration. 

By decision dated July 7, 2022, OWCP denied modification of the December 29, 2021 

decision. It again referenced hospital notes dated August 26, 2019, which indicated preexisting 

right knee conditions and resultant surgery, found under OWCP File No. xxxxxx931.

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 depends on frequent cross-referencing between files and where two or more injuries 

occur to the same part of the body.2 In the present claim, appellant alleged a work-related right 

knee meniscal tear. In its decisions, OWCP referenced hospital notes dated August 26, 2019, 

which indicated preexisting right knee conditions and resultant surgery, under OWCP File No. 

xxxxxx931, in finding that appellant had not submitted sufficient evidence to establish causal 

relationship. However, neither the August 26, 2019 hospital notes, nor other evidence from 

OWCP File No. xxxxxx931 are part of the present case file. For a full and fair adjudication, the 

claim in OWCP File No. xxxxxx931 shall be administratively combined with the present claim 

under OWCP File No. xxxxxx838.

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

(February2000).
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Accordingly, the Board will remand the case to OWCP to administratively combine OWCP 

File Nos. xxxxxx931 and xxxxxx838. Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the July 7, 2022 decision of the Office of Workers’

Compensation Programs is set aside and the case is remanded to OWCP for further proceedings 

consistent with this order of the Board.

Issued: January 6, 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