C.J. and Department of Veterans Affairs, Kansas City VA Medical Center, Kansas City, MO (Board decision, March 7, 2023)

ECAB remand decision. The Board set aside OWCP's May 20, September 14, and September 29, 2022 decisions and ordered it to combine the current claim with an earlier accepted hand and wrist injury file. Entitlement to compensation for carpal tunnel syndrome remains unresolved. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A VA cook claimed carpal tunnel syndrome from years of lifting, pushing food carts, washing dishes, and cooking. He also had an earlier accepted right wrist and ring finger injury. OWCP denied the carpal tunnel claim and later refused reconsideration. The Board set aside those decisions because related claim files must be combined for a full review, and it directed OWCP to issue a new decision after considering both records.

Decision snapshot

• Authority: FECA Procedure Manual, Part 2, Chapter 2.400.8c.
• Outcome: Claim and reconsideration denials set aside; case remanded for combined file review.
• Key point: OWCP needed to consider the earlier hand and wrist claim alongside the carpal tunnel claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.J., Appellant
)
)
and ) Docket No. 23-0109
) Issued: March 7, 2023
DEPARTMENT OF VETERANS AFFAIRS,
)
KANSAS CITY VA MEDICAL CENTER,
)
Kansas City, MO, Employer
)
__________ )

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 JAMES D. McGINLEY, Alternate Judge

On October 24, 2022 appellant filed a timely appeal from a May 20, 2022 merit decision and September 14 and 29, 2022 nonmerit decisions of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards docketed the appeal as No. 23-0109.

On February 25, 2022 appellant, then a 52-year-old cook, filed an occupational disease claim (Form CA-2) alleging that he developed carpal tunnel syndrome (CTS) due to factors of his federal employment, including extensive pushing, pulling, lifting, carrying, and delivering of food.2 He related that, since April 1994, his duties have included loading and delivering a food cart that has poor ergonomics and holds 30 trays to 200 patients on nine floors. Appellant

1
The Board notes that, following the September 29, 2022 decision, 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 OWCP assigned the present claim OWCP File No. xxxxxx658. Appellant has a previously -accepted October 21, 2021 traumatic injury for an unspecified sprain of the right wrist and a sprain of the interphalangeal joint of the right ring finger under OWCP File No. xxxxxx253. The claims have not been administratively combined by OWCP. explained that he also engaged in repetitive motions including washing dishes, pots, and pans, breaking down food scraps, working the tray line, placing food onto trays, and cooking food by whipping, stirring, flipping, scraping, and serving the food. He noted that he first became aware of his condition on October 12, 2021 and realized its relation to his federal employment on February 18, 2022. Appellant did not stop work.

A March 8, 2022 letter from the employing establishment noted that appellant had previously filed a traumatic injury claim (Form CA-1) for an October 21, 2021 right hand injury which was accepted by OWCP, and that he contacted the employing establishment on November 1, 2021 seeking information on how to file a claim for CTS.

On February 18, 2022 appellant advised the employing establishment that he was still having issues with his hands and wrists that were causing diff iculties performing his work duties. It informed him that he could request to have his October 21, 2021 employment injury expanded to include a consequential injury or file a new claim for CTS.

On February 24, 2022 the employing establishment offered appellant a light-duty position to accommodate the work restrictions from his accepted October 21, 2021 injury, as well as his complaint of ongoing hand and wrist pain.

By decision dated May 20, 2022, OWCP denied appellant’s claim, finding that he had not submitted sufficient evidence to establish that the claimed events occurred as alleged. Consequently, it found that appellant had not met the requirements to establish an injury as defined by FECA.

On June 21, 2022 appellant requested reconsideration of the May 20, 2022 decision and submitted additional evidence.

By decision dated September 14, 2022, OWCP denied appellant’s request for reconsideration of the merits of his claim under 5 U.S.C. § 8128(a).

On September 27, 2022 appellant again requested reconsideration of the May 20, 2022 decision and submitted additional evidence.

By decision dated September 29, 2022, OWCP denied appellant’s request for reconsideration.

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 has a

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000).
4
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).

2 previously-accepted traumatic injury claim for a sprain of the right wrist and right ring finger joint under OWCP File No. xxxxxx253. He subsequently filed an occupational disease claim for CTS which was assigned OWCP File No. xxxxxx658, 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 No. xxxxxx253, so that it can consider all relevant claim files and accompanying evidence in adjudicating the present claim.5

Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the May 20 and September 14 and 29, 2022 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: March 7, 2023
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

5
Supra note 3 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).

3