United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.C., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, VA

MEDICAL CENTER, Vancouver, WA, Employer

__________________________________________

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Docket No. 21-0748

Issued: September 16, 2022

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 April 21, 2021 appellant filed a timely appeal from a March 17, 2021 merit decision of 

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

docketed the appeal as No. 21-0748.

On December 23, 2016 appellant, then a 42-year-old certified nursing assistant (CNA), 

filed a traumatic injury claim (Form CA-1) alleging that on January 19, 2016 she injured her right 

upper extremity from her shoulder down to her elbow when she repositioned a patient in bed while 

in the performance of duty. She did not stop work. OWCP assigned File No. xxxxxx563 to this 

claim.

Under OWCP File No. xxxxxx628, appellant had previously filed a Form CA-1 on 

September 29, 2014 alleging that she sustained a right shoulder injury on September 27, 2014 

when she repositioned a veteran on a shower chair while in the performance of duty. OWCP 

processed the claim as a short form closure.

Under OWCP File No. xxxxxx555, appellant had previously filed a Form CA-1 on 

January 22, 2016 alleging that she sustained a right forearm strain when pulling up a patient while 

in the performance of duty. OWCP accepted that claim for right elbow lateral epicondylitis. 
2

The case record in the present claim reflects that, as of January 20, 2017, appellant was 

working part-time, limited duty for six hours per day due to the previously accepted work-related 

injury under OWCP File No. xxxxxx555. 

On January 21, 2017 appellant recounted that she had previously injured her right elbow 

in December 2015 by lifting a patient. She indicated that a month later she sustained another injury 

to her right shoulder. Appellant explained that her claim had not been accepted so she filed a new 

one. She provided medical reports dated from July 19, 2016 through February 7, 2017 by

Dr. Steven Lu, a Board-certified internist, describing appellant’s history of right tennis elbow and 

right shoulder tendinitis due to prior employment-related injuries, and a right shoulder injury 

caused by a claimed January 19, 2016 employment incident. Appellant also submitted reports 

dated from February 9 through May 18, 2017 by Dr. Jerry Fisher, a family practitioner, who noted 

a 2015 and January 19, 2016 employment-related injuries to the right upper extremity.

By decision dated May 31, 2017, OWCP denied appellant’s claim under OWCP File No. 

xxxxxx563. It accepted that the January 19, 2016 incident occurred as alleged and that a right 

shoulder condition had been diagnosed. However, OWCP denied appellant’s claim, finding that 

the medical evidence of record was insufficient to establish causal relationship between the 

accepted employment incident and the diagnosed medical condition.

On June 1, 2017 appellant requested a hearing before a representative of OWCP’s Branch 

of Hearings and Review, which was held on October 18, 2017. She subsequently submitted 

reports dated June 1 and 22, 2017 by Dr. Mark L. Colville, a Board-certified orthopedic surgeon,

who opined that a posterior labral tear was consistent with the mechanism of injury of the

January 19, 2016 employment incident. Appellant also submitted additional reports from

Dr. Fisher, including his October 5, 2017 letter opining that the January 19, 2016 employment 

incident was competent to cause right rotator cuff tears and internal derangement.

On October 25, 2017 under OWCP File No. xxxxxx301, appellant filed a Form CA-1 for 

right shoulder and hand injuries sustained that day when performing cardiopulmonary resuscitation 

practice on a training mannequin while in the performance of duty. OWCP accepted that claim 

for a right shoulder sprain, right shoulder strain, and strain of unspecified muscle, fascia, and 

tendon of the shoulder and upper level of the right arm, and unspecified sprain of right shoulder 

joint. 

By decision dated December 26, 2017, OWCP’s hearing representative affirmed the 

May 31, 2017 decision under OWCP File No. xxxxxx563.

On February 15, 2018 OWCP administratively combined OWCP File Nos. xxxxxx555 and 

xxxxxx301, with the former designated as the master file. 

On April 19, 2018 appellant requested reconsideration and submitted additional evidence

under OWCP File No. xxxxxx563. In examination reports dated March 5 to 22, 2018, Dr. Peter L. 

Kung, a Board-certified orthopedic surgeon, described that in January 2016 she felt a tear in her 

right shoulder when she lifted a heavy patient at work. Appellant reinjured her shoulder on 

October 25, 2017. Dr. Kung diagnosed a right shoulder superior glenoid labrum lesion and right 

shoulder pain. He opined that, while the October 2017 incident could have aggravated appellant’s
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shoulder, the labral tear and cysts were present since 2016 and could be related to repositioning a 

patient on January 19, 2016.

By decision dated June 29, 2018, OWCP denied modification of the December 26, 2017 

decision.

Appellant subsequently requested reconsideration on August 13 and October 29, 2018, 

which OWCP denied by decisions dated October 11 and November 5, 2018, respectively.

On December 5, 2018 appellant again requested reconsideration. She submitted a 

November 29, 2018 report by Dr. Kung, who opined that the October 25, 2017 employment injury

aggravated right shoulder injuries caused by the January 19, 2016 employment incident.

By decision dated December 20, 2018, OWCP denied appellant’s request for 

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

On January 28, 2019 appellant, through counsel, filed a timely appeal with the Board. By 

decision dated September 10, 2020,1the Board set aside OWCP’s December 20, 2018 decision 

and remanded the case for an appropriate merit decision on appellant’s claim.

By decision dated March 17, 2021, OWCP denied modification as the medical evidence 

submitted on reconsideration was insufficient to establish causal relationship. It reviewed case 

histories and selected evidence from OWCP File Nos. xxxxxx628, xxxxxx555, and xxxxxx301. 

OWCP found that, under OWCP File No. xxxxxx555, Dr. Derrick Knowles, an attending 

physician, noted in his January 20, 2016 report that appellant had sustained a December 20, 2015

employment injury, but made no mention of the alleged January 19, 2016 employment injury 

under the present claim. It further found that there was no indication that Dr. Kung had reviewed 

“all prior treatment records.”

The Board has duly considered the matter and 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 

In the present claim, OWCP denied appellant’s traumatic injury claim, based, in part, on 

evidence of record under OWCP File No. xxxxxx555. OWCP’s demonstrated need to cross 

reference between appellant’s claim files is precisely the situation set forth in OWCP’s procedures,

which direct that claim files pertaining to a new injury to the same member of the body be 

1 Docket No. 19-0640 (issued September 10, 2020).

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

(February2000). 

3

Id.; M.E., Docket No. 21-0094 (issued May 27, 2021); T.T., Docket No. 21-0049 (issued May 3, 2021); L.M., 

Docket No. 19-1490 (issued January 29, 2020); L.H., Docket No 18-1777 (issued July 2, 2019).
4

administratively combined.4 However, OWCP has not administratively combined the present 

claim with OWCP File No. xxxxx555, accepted for right lateral elbow epicondylitis, and its subfile OWCP File No. xxxxxx301, accepted for an October 25, 2017 right shoulder sprain and strain. 

As the Board has jurisdiction to review only the case record under OWCP File No. xxxxxx563 on 

the present appeal, the Board may not review the evidence under OWCP File No. xxxxxx555 relied 

upon by OWCP in its March 17, 2021 decision. 

Accordingly, for a full and fair adjudication, the Board will remand the case to OWCP to 

administratively combine the current case record with OWCP File Nos. xxxxxx 555 and 

xxxxxx301.

5

 Following this and other such further development as deemed necessary, OWCP

shall issue a de novo decision.6

IT IS HEREBY ORDERED THAT the March 17, 2021 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: September 16, 2022

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

4

Supra note 2.

5

Id.

6 R.G., Docket No. 19-1755 (issued July 7, 2020); T.T., supra note 3; M.E., supra note 3; L.M., supranote 3.