R.A. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL (Board decision, April 15, 2011)

ECAB remand decision (order). The Board remanded R.A.’s appeal from OWCP’s March 24, 2010 schedule award denial for further development of two related upper extremity claims and a new merits decision. Under 20 C.F.R. § 501.6(d), this Board order becomes final 30 days after issuance unless the Board fixed a different period in it, but it does not decide the underlying award claims. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

R.A. appealed OWCP’s denial of a schedule award for impairment of both upper extremities. OWCP had combined her claims involving injuries from 2001 and 2005, and a separate eight percent award for each arm had since been set aside for further medical development. The Board found that the linked claims were not ready for a decision on this appeal while that development was underway. It remanded the appeal so OWCP could develop both impairment claims and issue a new merits decision.

Decision snapshot

• Authority: FECA schedule award proceedings; 20 C.F.R. §§ 501.2(c)(2), 501.3(a).
• Outcome: Appeal remanded for development of both upper extremity claims and a new OWCP merits decision.
• Key point: The linked impairment claims required further development before the Board could decide the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.A., Appellant
)
)
and ) Docket No. 10-1691
) Issued: April 15, 2011
U.S. POSTAL SERVICE, PROCESSING &
)
DISTRIBUTION CENTER, Carol Stream, IL,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
RICHARD J. DASCHBACH, Chief Judge
ALEC J. KOROMILAS, Judge
COLLEEN DUFFY KIKO, Judge

On June 4, 2010 appellant filed an appeal from a March 24, 2010 merit decision of the Office of Workers’ Compensation Programs (Docket No. 10-1691). In that decision, the Office denied appellant’s claim for a schedule award with respect to her January 6, 2001 employment injury (xxxxxx509) for both upper extremities. The March 24, 2010 decision noted that appellant had previously received a schedule award on September 15, 2009 under claim number xxxxxx636, which pertained to a March 10, 2005 employment injury. Appellant’s 2005 injury involved the right upper extremity.

On June 4, 2009, the Office combined appellant’s two upper extremity claims, xxxxxx509 and xxxxx636, and designated claim number xxxxxx636 as the master file. The September 15, 2009 schedule award was for eight percent impairment of each upper extremity. That decision has since been set aside and the master file (xxxxxx636) is currently undergoing further medical development pursuant to a January 13, 2011 decision of the Branch of Hearings and Review. As the March 24, 201 decision of the Office concerns bilateral upper extremity impairment, this case is not in posture for decision. Upon further development of both claims for permanent impairment of the upper extremities, an appropriate merit decision should be issued.1

IT IS HEREBY ORDERED THAT the appeal docketed as No. 10-1691 is remanded for further action consistent with this order of the Board.

Issued: April 15, 2011
Washington, DC

Richard J. Daschbach, Chief Judge
Employees’ Compensation Appeals Board

Alec J. Koromilas, Judge
Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

1
There will be no appeal with respect to any interlocutory matter decided, or not decided by the Office during the pendency of a case. See 20 C.F.R. §§ 501.2(c)(2), 501.3(a) (2010).

2