B.B. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Beaumont, TX (Board decision, January 30, 2024)

ECAB remand decision. The Board set aside OWCP’s July 18, 2023 denial of a claimed recurrence of treatment needs and sent the matter back to combine two accepted left elbow injury files. OWCP must develop the combined record as needed and issue a new decision; the order did not decide entitlement to further treatment. 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 federal prison cook sought treatment for renewed left elbow symptoms after two accepted injuries involving the same elbow. OWCP denied his recurrence claim after reviewing the file for one injury. The Board found that the two claim files needed to be combined for a full review of the treatment request. It set aside OWCP’s denial and ordered a new decision after the files were combined and any further development completed.

Decision snapshot

• Authority: OWCP’s file management procedure for multiple claims involving the same body part; 20 C.F.R. § 501.7(a).
• Outcome: July 18, 2023 recurrence denial set aside; case remanded for combined file review and a new decision.
• Key point: Two accepted injuries affecting the same elbow had to be considered together before OWCP decided the treatment request.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

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B.B., Appellant
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and ) Docket No. 23-1015
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Issued: January 30, 2024
DEPARTMENT OF JUSTICE, FEDERAL
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BUREAU OF PRISONS, FEDERAL
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CORRECTIONAL COMPLEX, BEAUMONT,
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Beaumont, TX, Employer
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__________ )

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 July 26, 2023 appellant filed a timely appeal from a July 18, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1015.

On January 26, 2010 appellant, then a 37-year-old cook filed a traumatic injury claim (Form CA-1) alleging that on January 25, 2010 his feet became caught in plastic wrap and he fell fracturing his left elbow while in the performance of duty. He stopped work on the date of injury. OWCP accepted the claim for closed fracture of the lower end of the left humerus, closed fracture of the olecranon process of the left ulna, closed fracture of the lower end of the left humerus, supracondylar; and pathologic fracture of the left humerus.1

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OWCP assigned the present claim OWCP File No. xxxxxx483. Appellant has a previously accepted May 19, 2011 traumatic injury claim under OWCP File No. xxxxxx885 for contusion of the left elbow and contusion of his left eye.
On November 10, 2022 appellant filed a notice of recurrence (Form CA-2a) for medical treatment beginning October 26, 2022 due to increased left elbow pain, stiffness, and weakness causally related to his accepted January 25, 2010 employment injury.

In a December 7, 2022 development letter, OWCP informed appellant of the deficiencies of his recurrence claim. It advised him of the type of medical evidence needed and provided a questionnaire for his completion. OWCP afforded appellant 30 days to submit the necessary evidence.

On December 28, 2022 appellant completed the development questionnaire and alleged that he had developed chronic and increasing pain in his left elbow with decreased range of motion. He reported that he had sustained an additional left elbow injury on May 19, 2011 in OWCP File No. xxxxxx885.

By decision dated January 10, 2023, OWCP denied appellant’s recurrence claim, finding that there was no medical evidence of record to establish a recurrence of the need for medical treatment due to the worsening of his accepted left elbow condition.

On January 24, 2023 appellant requested a review of the written record by a representative of OWCP’s Branch of Hearings and Review and provided additional evidence.

By decision dated July 18, 2023, OWCP’s hearing representative affirmed the January 10, 2023 decision finding that the medical evidence of record was insufficient to establish a recurrence of a medical condition on October 26, 2022 causally related to appellant’s accepted left elbow condition.

The Board, having duly considered this matter, finds 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. 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

Herein, appellant has a previously accepted left elbow injury under OWCP File No. xxxxxx885. OWCP subsequently accepted an additional traumatic injury claim for the same part of the body as the claim in OWCP File No. xxxxxx483. Therefore, for a full and fair adjudication, the case shall be returned to OWCP to administratively combine the current case record, OWCP

2
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000).
3
Id.; Order Remanding Case, K.W., Docket No. 22-0951 (issued January 26, 2023); Order Remanding Case, A.D., Docket No. 22-0147 (issued July 1, 2022); Order Remanding Case, S.G., Docket No. 21-0396 (issued September 27, 2021); Order Remanding Case, R.L., Docket No. 20-0901 (issued July 27, 2021); Order Remanding Case, M.E., Docket No. 21-0094 (issued May 27, 2021); Order Remanding Case, L.M., Docket No. 19-1490 (issued January 29, 2020); Order Remanding Case, L.H., Docket No. 18-1777 (issued July 2, 2019).

2
File No. xxxxxx483, with OWCP File No. xxxxxx885. Following any further development deemed necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the July 18, 2023 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: January 30, 2024
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

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