United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.W., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Philadelphia, PA, Employer 

__________________________________________ 

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Docket No. 14-1325 

Issued: November 6, 2014 

Appearances: Case Submitted on the Record

Thomas R. Uliase, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On May 19, 2014 appellant, through counsel, filed a timely appeal from a January 29, 

2014 schedule award decision of the Office of Workers’ Compensation Programs (OWCP). The 

appeal was docketed as number 14-1325. 

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

decision.1

The record before the Board indicates that appellant has three separate claims pertaining 

to a work-related lumbar injury. On September 7, 2005 appellant filed a traumatic injury claim 

(Form CA-1) alleging that she sustained a back injury while lifting mail. By decision dated 

January 10, 2006, OWCP accepted the claim for sprain of back, lumbar region, claim File 

No. xxxxxx323. On July 8, 2006 appellant filed another Form CA-1 alleging that she sustained 

an injury while pushing a lawn mower. OWCP accepted the claim for aggravation of lumbar 

sprain, claim File No. xxxxxx973. The two claims, File Nos. xxxxxx973 and xxxxxx323, were 

administratively combined into master claim File No. xxxxxx323. 

 1 T.R., Docket No. 13-771 (issued June 25, 2013). 
2

On October 3, 2008 appellant, then a 45-year-old custodian, filed a Form CA-1 in this 

claim, File No. xxxxxx475, alleging that on that same date she sustained a back and left leg 

injury when she fell while lifting mail. By decision dated January 12, 2009, OWCP accepted the 

claim for sprain of back, lumbar region. By decision dated September 4, 2013, it expanded the 

claim to include left thoracic or lumbosacral neuritis or radiculitis. 

On June 10, 2013 appellant filed a claim for a schedule award (Form CA-7). 

By decision dated July 15, 2013, OWCP granted appellant a schedule award for 12 

percent permanent impairment of the left lower extremity. 

Appellant appealed the schedule award determination and submitted a June 21, 2013 

report from Dr. Nicholas Diamond, a Doctor of Osteopathic Medicine, who opined 9 percent 

permanent impairment of the right lower extremity and 20 percent permanent impairment of the 

left lower extremity. 

By decision dated January 29, 2014, the Branch of Hearings and Review found that 

appellant was not entitled to more than a 12 percent permanent impairment of the left lower 

extremity for which she received a schedule award. 

The Board notes that, under master claim File No. xxxxxx323, OWCP granted appellant 

a schedule award for one-half percent permanent impairment of the left lower extremity and onehalf percent impairment of the right lower extremity, totaling one percent bilateral lower 

extremity impairment. By decision dated July 7, 2014, the Branch of Hearings and Review 

found that appellant was not entitled to more than a one percent permanent impairment of the 

bilateral lower extremities for which she received a schedule award in claim File No. xxxxxx323. 

As File No. xxxxxx323 involves injury to the same lumbar spine, the medical evidence 

contained in claim File No. xxxxxx323 will necessarily bear directly on appellant’s schedule 

award claim in File No. xxxxxx475. 

Pursuant to its procedures, OWCP has determined that cases should be combined when 

correct adjudication of the issues depends on frequent cross-reference between files. It is 

important for OWCP to fully consolidate these claims to ensure that all evidence germane to the 

schedule award determination is properly considered. Moreover, to consider appellant’s appeal 

at this stage would involve a piecemeal adjudication of the issues in this case and raise the 

possibility of inconsistent results.2

 It is the Board’s policy to avoid such an outcome.3 

Therefore, for a full and fair adjudication, appellant’s claims should be combined.4

 On remand 

OWCP shall combine claim File No. xxxxxx475 with master claim File No. xxxxxx323 and its 

subfiles, and refer appellant, along with a combined statement of accepted facts, and the case file 

to an OWCP medical adviser for review of the record and determination on whether maximum 

 2 T.D., Docket No. 13-2130 (issued May 1, 2014). 

3 See William T. McCracken, 33 ECAB 1197 (1982). 

4

 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance & Management, Chapter 2.400.8(c) 

(February 2000). 
3

medical improvement has been reached and the total percentage of permanent partial 

impairment.5

Following this and any other further development deemed necessary, OWCP shall issue 

an appropriate merit decision on appellant’s schedule award claim. 

IT IS HEREBY ORDERED THAT the January 29, 2014 decision of the Office of 

Workers’ Compensation Programs is set aside and remanded for further development consistent 

with this decision of the Board. 

Issued: November 6, 2014 

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 

 5

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Developing & Evaluating Medical Evidence, Chapter 

2.810.8(i) (September 2010); J.G., Docket No. 09-1714 (issued April 7, 2010).