United States Department of Labor

Employees’ Compensation Appeals Board

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F.S., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, COLEMAN FEDERAL 

CORRECTIONAL COMPLEX Coleman, FL, 

Employer

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Docket No. 21-0428

Issued: October 28, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On January 11, 2021 appellant filed a timely appeal from August 24 and December 14,

2020 merit decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of

the Appellate Boards docketed the appeal as No. 21-0428.1

On January 7, 2020 appellant, then a 42-year-old correctional officer, filed a traumatic 

injury claim (Form CA-1) alleging that on January 4, 2020 she injured her left knee while 

removing property from a cell while in the performance of duty.2 She did not stop work.

1 The Board notes that OWCP received additional evidence after the December 14, 2020 decision. 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 previously accepted a September 5, 2010 traumatic injury claim for a left knee sprain under File No. 

xxxxxx882 and a November 30, 2010 traumatic injury claim for a left knee sprain and derangement of lateral meniscus 

under File No. xxxxxx398. Appellant filed subsequent traumatic injury claims alleging that she sustained left knee 

conditions on October 21, 2011 and May 22, 2020 under OWCP File Nos. xxxxxx304 and xxxxxx813, respectively,

which were denied.
2

By decision dated June 2, 2020, OWCP denied appellant’s claim, finding that the evidence 

of record was insufficient to establish that the January 4, 2020 incident occurred, as alleged.

On June 14, 2020 appellant requested a review of the written record by a representative of 

OWCP’s Branch of Hearings and Review.

By decision dated August 24, 2020, the hearing representative affirmed the June 2, 2020 

decision, as modified, finding that the medical evidence of record was insufficient to establish 

causal relationship between the accepted January 4, 2020 employment incident and the diagnosed 

condition. The hearing representative noted appellant’s previously accepted claims under OWCP 

File Nos. xxxxxx882 and xxxxxx398, as well as the previously denied traumatic injury claims 

under OWCP File Nos. xxxxxx304 and xxxxxx813.

On September 9, 2020 appellant requested reconsideration of the August 24, 2020 

decision.

By decision dated December 14, 2020, OWCP denied modification of the August 24, 2020 

decision.

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’s claims under 

OWCP File Nos. xxxxxx882, xxxxxx398, xxxxxx304, and xxxxxx813 also involved injuries to 

the left knee. Therefore, for full and fair adjudication, the case must be returned to OWCP to 

administratively combine the current case record with OWCP File Nos. xxxxxx882, xxxxxx398, 

xxxxxx304,and xxxxxxx813 so it can consider all relevant claim files and accompanying evidence 

in adjudicating appellant’s current traumatic injury claim.5

Following this and other such further development as OWCP deems necessary, it shall 

issue a de novo decision. 

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

(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).

5

Supra note 3 at Chapter 2.400.8(c)(1); W.D., Docket No. 19-0961 (issued March 31, 2021); L.P., Docket Nos. 18-

1558, 18-1568 (issued June 21, 2019); L.S., Docket Nos. 17-1863, 17-1867, 17-1868 (issued April18, 2018); W.S., 

Docket No. 15-0969 (issued October 5, 2015); C.C., Docket No. 14-1576 (issued March 9, 2015).
3

IT IS HEREBY ORDERED THAT the August 24 and December 14, 2020 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 28, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board