G.H. and U.S. Postal Service, South Suburban Vehicle Maintenance Facility, Bedford Park, IL (Board decision, November 8, 2021)

ECAB final decision. The Board set aside a schedule award decision and directed OWCP to combine additional injury files involving the same body parts. The size of any award remains for OWCP to decide again. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

G.H., a postal general clerk, received a schedule award for upper extremity impairment. Her record also included separate accepted injuries affecting overlapping body parts. OWCP had combined two files but had not added two other related files when it decided her award. The Board found that all relevant files needed to be combined for a fair impairment assessment. It set aside the award decision and ordered a new merits decision on the combined record.

Decision snapshot

• Authority: FECA schedule-award framework, 5 U.S.C. § 8101 et seq.
• Outcome: Schedule award decision set aside; related files to be combined.
• Key point: Overlapping injury files had to be reviewed together for the impairment rating.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.H., Appellant
)
)
and ) Docket No. 21-0416
) Issued: November 8, 2021
U.S. POSTAL SERVICE, SOUTH SUBURBAN
)
VEHICLE MAINTENANCE FACILITY,
)
Bedford Park, IL, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from a December 15, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 21-0416.

On February 7, 2008 appellant, then a 54-year-old general clerk, filed a traumatic injury claim (Form CA-1) alleging on that date she injured her head, neck, and back when she slipped and fell in an icy parking lot while in the performance of duty. On April 22, 2008 OWCP accepted this claim for neck sprain/strain and lumbar sprain/strain under File No. xxxxxx725.

By decision dated October 26, 2010, OWCP granted appellant a schedule award for three percent permanent impairment of each upper extremity and four percent permanent impairment of each lower extremity due to the February 7, 2008 employment injury. An OWCP hearing representative set aside this decision on January 13, 2011 and remanded for further development. By decision dated July 15, 2011, OWCP found that appellant had no more than three percent permanent impairment of the bilateral upper extremities and four percent permanent impairment of the bilateral lower extremities.

On March 27, 2017 appellant filed an occupational disease claim (Form CA-2) alleging that she developed finger, hand, wrist, arm, shoulder, and neck condition s due to factors of her federal employment, including repetitive typing, filing, and writing. She did not stop work. On March 29, 2017 OWCP accepted appellant’s occupational disease claim for bilateral carpal tunnel syndrome, radial styloid tenosynovitis, and cervical radiculopathy under File No. xxxxxx060.

On October 10, 2017 appellant underwent a right carpal tunnel release. On February 6, 2018 appellant underwent a left carpal tunnel release.

On April 24, 2018 appellant filed a claim for compensation (Form CA-7) for a schedule award relating to her March 27, 2017 occupational disease claim.

In an October 1, 2018 report, Dr. J.M. Morgenstern, a Board-certified orthopedic surgeon, examined appellant and applied the sixth edition of the American Medical Associations, Guides to the Evaluation of Permanent Impairment (A.M.A., Guides)1 to his findings to reach an impairment rating of 11 percent of the right upper extremity, 1 percent of the left upper extremity, and 5 percent whole person impairment.

On October 23, 2020 OWCP combined OWCP File Nos. xxxxxx060 and xxxxxx725 with the former serving as the master file.

The Board further notes that the record indicates that appellant also has a previously accepted December 12, 2015 traumatic injury for lumbago, lumbar strain, contusion, and thoracic strain under OWCP File No. xxxxxx379, as well as a December 12, 2016 traumatic injury accepted for back and neck strain OWCP File No. xxxxxx417.

On October 28, 2020 Dr. Arthur S. Harris, a Board-certified orthopedic surgeon, and DMA, reviewed appellant’s combined claims of master File No. xxxxxx060 and OWCP File No. xxxxxx725 and found that she had an additional three percent permanent impairment of ea ch upper extremity.

By decision dated December 15, 2020, OWCP granted appellant a schedule award for an additional three percent permanent impairment of each of her upper extremities.

The Board, having duly considered the matter, finds that this case is not in posture for decision. OWCP’s procedures provide that cases should be administratively combined when correct adjudication depends on cross-referencing between files and where two or more injuries occur to the same part of the body. 2 For a full and fair adjudication of appellant’s schedule award claim, the case shall be remanded for OWCP to administratively combine OWCP File Nos. xxxxxx379 and xxxxxx417 with OWCP File Nos. xxxxxx725 and xxxxxx060 under master File No. xxxxxx060. Following this and other such further development as deemed necessary, OWCP shall issue a de novo merit decision on appellant’s schedule award claim.

1
A.M.A., Guides, 6 th ed. (2009).
2
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) (February 2000).

2
 IT IS HEREBY ORDERED THAT the December 15, 2020 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: November 8, 2021
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

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