United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.C., Appellant 

and 

TENNESSEE VALLEY AUTHORITY, 

WORKERS’ COMPENSATION 

DEPARTMENT, Chattanooga, TN, Employer 

__________________________________________ 

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Docket No. 14-1576 

Issued: March 9, 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 3, 2014 appellant filed an application for review of a May 15, 2014 decision of 

the Office of Workers’ Compensation Programs (OWCP), claim file number xxxxxx692, which 

affirmed an October 29, 2013 decision denying an additional schedule award.1

 The appeal was 

docketed as No. 14-1576. 

In the May 15, 2014 decision, an OWCP hearing representative noted that on August 20, 

2001 appellant received a schedule award for two percent impairment of the right leg in the 

present claim, file number xxxxxx692. She also noted that on October 25, 2004 he had also 

received a schedule award for 23 percent impairment of the right lower extremity in claim file 

number xxxxxx332.2

 She opined that the medical evidence did not support an increased 

impairment greater than 23 percent impairment of the right lower extremity which was 

previously granted by OWCP in claim file number xxxxxx332. 

 1

 On February 15, 1997 appellant, a 53-year-old electrician, injured his right thigh and right knee. OWCP 

accepted the claim for a right thigh contusion, right knee medial meniscus tear, and authorized arthroscopic surgery. 

2

 Similarly, the hearing representative noted that on November 12, 2003 appellant received a schedule award for 

30 percent impairment of the left lower extremity in claim file number xxxxxx916. This claim is not before the 

Board on the present appeal.
2

OWCP noted in decisions dated October 29, 2013 and May 15, 2014, that appellant 

would be eligible for an additional schedule award if the medical evidence supported impairment 

greater than the previously paid impairment of 23 percent in claim file number xxxxxx332. 

However, the record does not indicate for what conditions or regions of the right lower extremity 

he was granted a schedule award for 23 percent impairment in claim file number xxxxxx332 and 

if that schedule award was in addition to the two percent impairment granted for the right leg 

determined by OWCP in claim file number xxxxxx692. 

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

decision. The claim before the Board, case file number xxxxxx692, pertains to a claim where 

appellant was denied an additional schedule award for the right lower extremity. OWCP noted 

that he was previously granted a schedule award for 23 percent impairment for the right lower 

extremity under claim file number xxxxxx332 and was not entitled to an additional award. In the 

October 29, 2013 and May 15, 2014 decisions, OWCP noted reviewing evidence and findings 

made in case file number xxxxxx332. The evidence thus indicates that claim file number 

xxxxxx332 has evidence germane to the schedule award determination in claim file number 

xxxxxx692. However, as noted, claim file number xxxxxx332 is not presently before the Board. 

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

adjudication depends on cross-referencing between files.3

 In the instant appeal, it appears that, 

for a full and fair adjudication, OWCP claims pertaining to appellant’s right lower extremity 

impairment should be combined pursuant to OWCP procedures. This will allow OWCP to 

consider all relevant claim files in developing appellant’s claim for a schedule award and serve 

to avoid piecemeal adjudication4

 that could raise the possibility of inconsistent results if more 

than one schedule award claim for the same schedule members is being developed in separate 

files. 

The case will be remanded to OWCP to combine case file numbers xxxxxx692 and 

xxxxxx332 pursuant to OWCP procedures. Following this and such other development as 

deemed necessary, OWCP shall issue an appropriate merit decision on appellant’s schedule 

award claim. 

 3

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

(February 2000). 

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

IT IS HEREBY ORDERED THAT the May 15, 2014 decision of the Office of 

Workers’ Compensation Programs be set aside and the matter remanded to OWCP for further 

proceedings consistent with this order. 

Issued: March 9, 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