K.B. and U.S. Postal Service, Post Office, Belleville, IL (Board decision, April 25, 2013)

ECAB remand decision. The Board returned K.B.’s appeal to OWCP because the record lacked a final schedule award decision with reasons and appeal rights. The adequacy of the award remains undecided by the Board. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

K.B., a postal employee with accepted right knee conditions, appealed a schedule award she considered too small. The record showed a payment labeled as a three percent leg impairment award but contained no final OWCP decision explaining it or stating appeal rights. The Board did not decide the proper impairment percentage. It returned the case so OWCP could issue the required decision with findings, reasons, and appeal information.

Decision snapshot

• Authority: Schedule awards under 5 U.S.C. § 8107 and decision requirements under 20 C.F.R. § 10.130.
• Outcome: Appeal remanded for OWCP to issue a final decision with appeal rights.
• Key point: A payment record alone did not supply the final decision needed for Board review of the award.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.B., Appellant
)
)
and ) Docket No. 13-898
) Issued: April 25, 2013
U.S. POSTAL SERVICE, POST OFFICE,
)
Belleville, 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
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On March 5, 2013 appellant filed an appeal before the Board. Appellant referred to a schedule award that she felt was insufficient. The appeal was docketed as No. 13-898.

A review of the record indicates that appellant filed a traumatic injury claim that has been accepted for right knee sprain, right popliteal synovial cyst, right torn lateral meniscus and right chondromalacia patellae. The record contains a compensation payment form dated February 8, 2013, indicating that a payment was made for the period September 6 to November 5, 2012. The “pay type” was reported as a schedule award and the percentage of impairment was three percent for the leg.

There is, however, no final decision with appeal rights in the record. Since the record indicates that OWCP has issued a schedule award pursuant to 5 U.S.C. § 8107, the case will be remanded to OWCP for proper issuance of a final decision with appeal rights in accord with its regulations.1

1
20 C.F.R. § 10.130 requires that OWCP issue a decision with respect to entitlement to compensation that contains findings of fact, a statement of reasons and information regarding appeal rights.
IT IS HEREBY ORDERED THAT the appeal docketed as No. 13-898 be remanded to OWCP for further action consistent with this order of the Board.

Issued: April 25, 2013
Washington, DC

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

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

2