United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

R.G., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Providence, RI, Employer 

__________________________________________ 

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Docket No. 16-0141 

Issued: April 19, 2016 

Appearances: Case Submitted on the Record

William Shepard, for the appellant 

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 November 2, 2015 appellant filed a timely appeal of a June 3, 2015 merit decision of 

the Office of Workers’ Compensation Programs (OWCP) that denied her recurrence claim. The 

Board docketed the appeal as 16-0141. 

The Board has duly reviewed the record and finds that the case is not in posture for 

decision. By decision dated August 5, 2011, OWCP found that the position of information 

receptionist fairly and reasonably represented appellant’s wage-earning capacity in accordance 

with 5 U.S.C. § 8115. It reduced her entitlement to compensation based on her earnings in this 

position. Appellant filed a recurrence of disability (Form CA-2a) on November 25, 2013 

alleging on November 4, 2013 she sustained a recurrence of total disability due to her 

September 26, 1999 employment injury. By decision dated July 17, 2014, OWCP denied her 

claim for a recurrence of disability finding that the evidence was not sufficient to establish that 

she had established a recurrence of disability. Appellant requested reconsideration in a form 

dated March 2, 2015 and received by OWCP on March 13, 2015. By decision dated June 3, 

2015, OWCP denied modification of its prior decision. 

As noted above, OWCP issued a formal decision on appellant’s wage-earning capacity on 

August 5, 2011. It is well established that a claimant may establish that a modification of wageearning capacity is warranted if there is a material change in the nature and extent of an injury-
2

related condition, or a showing that the original determination was, in fact, erroneous.1 

Appellant’s submission of a recurrence claim on November 25, 2013 for a recurrence of 

disability on November 4, 2013 should thus be regarded as a request for modification of the 

wage-earning capacity determination. The Board has held that, when a wage-earning capacity 

determination has been issued and appellant submits evidence with respect to disability for work, 

OWCP must evaluate the evidence to determine if modification of wage-earning capacity is 

warranted.2

 Rather, in this case, in its June 3, 2015 decision, OWCP adjudicated the claim as a 

recurrence. 

The Board finds that OWCP should have determined whether appellant had established 

that the wage-earning capacity determination should be modified.3 The Board will therefore 

remand the case to OWCP for proper adjudication, to be followed by an appropriate merit 

decision to preserve appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the June 3, 2015 decision of the Office of Workers’ 

Compensation Programs be set aside and the case remanded for further proceedings consistent 

with this order of the Board. 

Issued: April 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 P.C., 58 ECAB 405 (2007); Federal (FECA) Procedure Manual, Part 2 -- Claims, Reemployment: Determining 

Wage-Earning Capacity, Chapter 2.814.9(a) (December 1995). See also FECA Transmittal 10-01 (issued 

October 5, 2009). 

2 Katherine T. Kreger, 55 ECAB 633 (2004); Sharon C. Clement, 55 ECAB 552 (2004). 

3 L.J., Docket No. 13-1261 (issued November 4, 2013); F.B., Docket No. 09-99 (issued July 21, 2010). See also 

M.D., Docket No. 12-1317 (issued December 21, 2012).