United States Department of Labor 

Employees’ Compensation Appeals Board 

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F.Y., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Jackson, MS, Employer 

__________________________________________ 

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Docket No. 14-1679 

Issued: March 10, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On July 29, 2014 appellant filed a timely appeal from a February 10, 2014 decision of the 

Office of Workers’ Compensation Programs (OWCP) denying her request for reconsideration as 

untimely filed and failing to demonstrate clear evidence of error. The Board assigned Docket 

No. 14-1679. 

The Board has duly considered the matter and notes that the case is not in posture for a 

decision. OWCP’s February 10, 2014 decision denied reconsideration of its January 28, 2013 

schedule award decision. In the January 28, 2013 decision, it found that appellant had five 

percent impairment of her right arm entitling her to a schedule award. In a letter and form dated 

January 22 and 23, 2014, respectively, appellant requested reconsideration of OWCP’s 

January 28, 2013 merit decision. She also submitted medical evidence including diagnostic 

testing. In a February 10, 2014 decision, OWCP denied appellant’s reconsideration request 

finding that it was untimely and did not present clear evidence of error. 

The Board has held that where a claimant submits medical evidence regarding a 

permanent impairment at a date subsequent to a prior schedule award decision, she is entitled to 
2

a merit decision on the medical evidence.1

 In the present appeal, appellant submitted argument, 

and electrodiagnostic testing asserting that she had additional impairment entitling her to an 

increased schedule award. It is evident from the record that she was not seeking reconsideration 

of the January 28, 2013 merit decision, but was seeking an increased schedule award based on 

new medical evidence. 

The case will be remanded for further development on the issue of whether appellant has 

additional permanent impairment of her upper extremities entitling her to a schedule award. 

After this development is carried out, OWCP shall issue an appropriate merit decision on 

appellant’s claim. 

IT IS HEREBY ORDERED THAT the February 10, 2014 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: March 10, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 1 See Linda T. Brown, 51 ECAB 115 (1999); Paul R. Reedy, 45 ECAB 488 (1994); See also B.K., 59 ECAB 228 

(2007)(where is was evidence that the claimant was seeking a schedule award based on new and current medical 

evidence, OWCP should have issued a merit decision on the schedule award claim rather than adjudicate an 

application for reconsideration). R.K., Docket No. 14-1227 (issued October 24, 2014).