United States Department of Labor

Employees’ Compensation Appeals Board

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P.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Chicago, IL, Employer

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Docket No. 23-0113

Issued: May 24, 2023

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On November 1, 2022 appellant, through counsel,filed a timely appealfrom an August 22,

2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk

of the Appellate Boards assigned the appeal Docket No. 23-0113.

On February 27, 2022 appellant, then a 60-year-old electronic technician, filed an 

occupational disease claim (Form CA-2) alleging that he experienced exacerbation of knee 

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 The Board notes that, following the August22, 2022decision, 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

osteoarthritis3 due to factors of his federal employment, including working on a machine. He

related that he immediately notified a supervisor and went to a physician. Appellant noted that he 

first became aware of his condition and realized its relation to his federal employment on 

February 2, 2022. He did not stop work. 

In support of his claim, appellant submitted an undated statement recounting his medical 

history and prior knee injuries under OWCP File Nos. xxxxxx907, xxxxxx160, and xxxxxx634. 

In a March 18, 2022 development letter, OWCP advised appellant of the deficiencies of 

his claim. It advised him of the type of factual and medical evidence necessary to establish his 

claim and provided a factual questionnaire for his completion. In a separate development letter of 

even date, OWCP requested that the employing establishment provide additional information 

regarding appellant’s claim, including comments from a knowledgeable supervisor. It afforded 

both parties 30 days to respond.

Thereafter, OWCP received November 6, 2020 and May 18, 2021 reports from Dr. Sean 

Odell, a Board-certified orthopedic surgeon and sports medicine practitioner, relating that he has 

been treating appellant since September 14, 2020 for a work-related left knee injury under OWCP 

File No. xxxxxx907.

By decision dated April 20, 2022, OWCP denied appellant’s claim, finding that the medical 

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

condition and the accepted factors of his federal employment.

In a May 5, 2022 report, Dr. Odell again referenced appellant’s prior knee injuries under 

OWCP File Nos. xxxxxx332 and xxxxxx907and reiterated that he had been treating appellant since 

September 14, 2020 for a previous left knee injury.

On August 3, 2022 appellant, through counsel, requested reconsideration of the April 20, 

2022 decision and submitted a copy of Dr. Odell’s May 5, 2022 report. 

By decision dated August 22, 2022, OWCP denied appellant’s request for reconsideration 

of the merits of the claim under 5 U.S.C. § 8128(a). It noted that Dr. Odell’s May 5, 2022 report 

linked appellant’s current knee conditions to his previously accepted September 8, 2020 

employment injury under OWCP File No. xxxxxx907.

The Board has duly considered this matter and concludes that the 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.4 For 

3 OWCP assigned the present claim OWCP File No. xxxxxx332. Appella nt has a previously-accepted September 8, 

2020 traumatic injury for a sprain of unspecified site of the right knee under OWCP File No. xxxxxx907, and a 

previously-accepted December 19, 2010 traumatic injury for bilateral knee contusions under OWCP File No.

xxxxxx634. He also previously filed an October 16, 2016 traumatic injury claim for a right knee contusion under 

OWCP File No. xxxxxx160. appellant’s claims have not been administratively combined.

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

(February 2000).
3

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.5 Herein, appellant has prior 

claims for bilateral knee contusions, a right knee contusion, and a right knee sprain under OWCP 

File Nos. xxxxxx634, xxxxxx160, and xxxxxx907. He subsequently filed a Form CA-2 for 

exacerbation of knee osteoarthritis which was assigned OWCP File No. xxxxxx332, 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 Nos. xxxxxx634, 

xxxxxx160, and xxxxxx907, so that it can consider all relevant claim files and accompanying 

evidence in adjudicating the present claim.6 Following this and other such further development as 

deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the August 22, 2022 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: May 24, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

5

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).

6

Supra note 4 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).