United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.S., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

CENTRAL TEXAS HEALTH CARE SYSTEM, 

Waco, TX, Employer 

__________________________________________ 

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Docket No. 16-0576 

Issued: July 19, 2016 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

On February 1, 2016 appellant filed a timely appeal of a November 19, 2015 decision of 

the Office of Workers’ Compensation Programs (OWCP), which declined to review her claim 

for a schedule award. The Board docketed the appeal as No. 16-0576. 

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

decision. On July 21, 2011 OWCP accepted appellant’s claim for a fracture of the right ankle, 

right shoulder conditions, and internal derangement of the right knee. It accepted the additional 

condition of tear of the left medial meniscus on October 14, 2011. By decision dated 

September 25, 2014, OWCP granted appellant a schedule award for 30 percent permanent 

impairment of the left leg, 5 percent of the right leg, and 1 percent of the right arm. 

Following this decision, appellant submitted additional medical evidence regarding the 

extent of her permanent impairment. On December 17, 2014 and March 2, 2015 she requested 

reconsideration of the September 25, 2014 decision. By decision dated May 29, 2015, OWCP 

refused to reopen appellant’s claim for consideration of the merits. On September 30, 2015 

appellant again requested reconsideration of the September 25, 2014 decision. She submitted 

additional medical evidence. By decision dated November 16, 2015, OWCP expanded 

appellant’s claim to include complete rotator cuff tear of the right shoulder and joint 
2

derangement of the left ankle. However, by decision dated November 19, 2015, it declined to 

reopen appellant’s schedule award claim finding that her request for reconsideration was 

untimely and did not establish clear evidence of error. 

The Board finds that, in accordance with relevant case law and regulations, the case 

should be remanded for adjudication of appellant’s schedule award claim. A claimant may seek 

an increased schedule award if the evidence establishes that he or she sustained increased 

impairment at a later date causally related to the accepted employment injury.1

As appellant requested reconsideration of her schedule award decision and submitted new 

medical evidence in support of the claim, OWCP was incorrect in failing to adjudicate and 

process the claim. The Board will therefore remand the case for an appropriate decision which 

will address the medical evidence submitted in support of the employee’s claim of increased 

permanent impairment. Following such further development as OWCP deems necessary, it shall 

issue an appropriate decision on the merits. 

IT IS HEREBY ORDERED THAT the case record is remanded to the Office of 

Workers’ Compensation Programs for further proceedings consistent with this order of the 

Board. 

Issued: July 19, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 1 See S.B., Docket No. 15-1499 (issued October 16, 2015); Federal (FECA) Procedure Manual, Part 2 -- Claims, 

Schedule Awards and Permanent Disability Claims, Chapter 2.808.7(b) (January 2010).