United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.L., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

San Francisco, CA, Employer 

__________________________________________ 

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Docket No. 14-1446 

Issued: October 29, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

ALEC J. KOROMILAS, Alternate Judge 

MICHAEL E. GROOM, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On June 9, 2014 appellant filed a timely appeal from the May 8, 2014 merit decision of 

the Office of Workers’ Compensation Programs (OWCP), which awarded schedule 

compensation. Pursuant to the Federal Employees’ Compensation Act1

 (FECA) and 20 C.F.R. 

§§ 501.2(c) and 501.3, the Board has jurisdiction to review the merits of this case. 

ISSUE 

The issue is whether appellant has more than a 12 percent impairment of her left upper 

extremity, for which she received a schedule award. 

FACTUAL HISTORY 

On September 17, 2009 appellant, a 39-year-old letter carrier, sustained a traumatic 

injury in the performance of duty when she released the hand brake on her mail truck. She 

underwent left shoulder arthroscopy with decompression and debridement of the scapularis 

 1

 5 U.S.C. § 8101 et seq.
2

tendon. Appellant underwent a second left shoulder arthroscopy with distal clavicle excision, 

subacromial decompression and rotator cuff debridement. OWCP accepted her claim for left 

biceps strain, left labral tear, left shoulder strain, left rotator cuff tear, left shoulder impingement, 

and aggravation of left shoulder acromioclavicular arthritis. 

Appellant filed a schedule award claim. As her physician did not perform impairment 

ratings under the American Medical Association’s Guides to the Evaluation of Permanent 

Impairment (6th ed. 2009), OWCP referred her to Dr. Aubrey A. Swartz, a Board-certified 

orthopedic surgeon. 

Dr. Swartz examined appellant on March 21, 2014. He offered a diagnosis-based 

impairment rating based on impingement syndrome. Referring to Table 15-5, page 402 of the 

Guides, he noted a default impairment rating of three percent. Dr. Swartz adjusted this slightly 

higher to five percent based on moderate functional history and severe physical examination 

findings (loss of motion). He concluded that appellant had a five percent impairment of her left 

upper extremity due to impingement syndrome. 

On April 21, 2014 Dr. Arthur S. Harris, an OWCP medical adviser, reviewed Dr. Swartz’ 

evaluation. He noted that appellant had undergone an arthroscopic distal clavicle excision or 

resection. Referring to Table 15-5, page 403 of the A.M.A., Guides, he found that appellant had 

a 12 percent impairment of the left upper extremity due to a distal clavicle resection diagnosisbased rating. 

In a decision dated May 8, 2014, OWCP issued a schedule award for a 12 percent 

impairment of appellant’s left upper extremity. 

LEGAL PRECEDENT 

The schedule award provision of FECA2 and the implementing regulations3 set forth the 

number of weeks of compensation payable to employees sustaining permanent impairment from 

loss or loss of use, of scheduled members or functions of the body. FECA, however, does not 

specify the manner in which the percentage of loss shall be determined. The method used in 

making such a determination is a matter that rests within the sound discretion of OWCP.4

For consistent results and to ensure equal justice under the law to all claimants, good 

administrative practice necessitates the use of a single set of tables so that there may be uniform 

standards applicable to all claimants. OWCP has adopted the A.M.A., Guides as the appropriate 

 2

 5 U.S.C. § 8107. 

3

 20 C.F.R. § 10.404. 

4 Linda R. Sherman, 56 ECAB 127 (2004); Danniel C. Goings, 37 ECAB 781 (1986). 
3

standard for evaluating schedule losses.5 As of May 1, 2009, the sixth edition of the A.M.A., 

Guides is used to calculate schedule awards.6

ANALYSIS 

Diagnosis-based impairment is the primary method of evaluation for the upper 

extremities. The first step is to choose the diagnosis that is most applicable for the region being 

assessed. If more than one diagnosis can be used, the highest causally-related impairment rating 

should be used. This will generally be the more specific diagnosis. Typically, one diagnosis will 

adequately characterize the impairment and its impact on activities of daily living.7

Dr. Swartz, the orthopedic surgeon and referral physician, evaluated appellant’s 

impairment based on her diagnosis of impingement syndrome. He determined that she had a five 

percent impairment of her left upper extremity, which is the highest rating allowed for that 

diagnosis. Dr. Harris, OWCP’s medical adviser observed, however, that appellant was also 

status post distal clavicle resection. Using the diagnosis of acromioclavicular joint injury or 

disease he found that she had a 12 percent impairment of her left upper extremity. 

The Board notes that, if more than one diagnosis can be used, the highest causally-related 

impairment rating should be used. Upper extremity impairments for shoulder pain and 

strain/sprain are just one or two percent. Impairment for impingement syndrome, partial 

thickness rotator cuff tears and labral lesions can be as much as five percent. Impairment for 

acromioclavicular injury or disease can be as high as 12 percent if the patient is status post distal 

clavicle resection.8

 As this is the highest impairment rating allowed under the A.M.A., Guides, 

the Board finds that OWCP properly followed the recommendation of its medical adviser and 

issued a schedule award for a 12 percent impairment of her left upper extremity. Accordingly, 

the Board will affirm OWCP’s May 8, 2014 decision. 

The Board notes that section 8107(c)(1) of FECA provides 312 weeks of compensation 

for the total loss of an arm.9 Section 8107(c)(19) provides that compensation for partial losses is 

proportionate.10 Therefore, 12 percent of 312 weeks of compensation is 37.44 weeks of 

compensation, which is what OWCP awarded. 

 5

 20 C.F.R. § 10.404; Ronald R. Kraynak, 53 ECAB 130 (2001). 

6

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Schedule Awards and Permanent Disability Claims, 

Chapter 2.808.6.6a (January 2010). 

7

 A.M.A., Guides 387, 389 (6th ed. 2009). 

8

 There is no indication appellant suffers from at least a Type IV acromioclavicular separation, characterized by a 

complete disruption of the acromioclavicular joint and coracoclavicular ligaments and avulsion or detachment of the 

coracoclavicular ligament from the clavicle. 

9

 5 U.S.C. § 8107(c)(1). 

10 Id. at § 81017(c)(19). 
4

Appellant may request a schedule award or increased schedule award based on evidence 

of a new exposure or medical evidence showing progression of an employment-related condition 

resulting in permanent impairment or increased impairment. 

CONCLUSION 

The Board finds that appellant has no more than a 12 percent impairment of her left upper 

extremity, for which she received a schedule award. 

ORDER 

IT IS HEREBY ORDERED THAT the May 8, 2014 decision of the Office of Workers’ 

Compensation Programs is affirmed. 

Issued: October 29, 2014 

Washington, DC 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 Michael E. Groom, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board