United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

D.M., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

MARYLAND HEALTH CARE SYSTEM, 

Baltimore, MD, Employer 

__________________________________________ 

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Docket No. 15-0591 

Issued: September 14, 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 

ALEC J. KOROMILAS, Alternate Judge 

On January 23, 2015 appellant filed a timely appeal from an August 13, 2014 decision of 

the Office of Workers’ Compensation Programs (OWCP) denying his request for an increased 

scheduled award for hearing loss. His appeal is also timely filed from the December 12, 2014 

nonmerit decision denying reconsideration. This appeal was docketed as No. 15-0591. After 

considering the evidence of record, the Board finds that this case is not in posture for decision. 

On April 25, 2003 appellant, then a 54-year-old food service worker, filed an 

occupational disease claim alleging that he sustained a loss of hearing due to exposure to noise 

from a dishwasher.1

 OWCP assigned this case File No. xxxxxx530. On October 15, 2003 it 

accepted appellant’s claim for bilateral hearing loss and nondigital hearing aids were approved. 

On August 17, 2004 appellant filed a claim for a schedule award. On September 14, 2004 

OWCP issued a schedule award for a 45 percent binaural hearing loss. On September 16, 2010 

appellant filed another claim for a schedule award. By decision dated May 25, 2011, OWCP 

denied appellant’s claim for an additional schedule award as there was no significant change in 

appellant’s hearing since the previous award. On January 9, 2013 appellant filed another claim 

 1

 The Board notes that on June 22, 1998 appellant had previously received an award from the Department of 

Veterans Affairs for a 10 percent disabling loss due to bilateral hearing loss and a 10 percent disabling loss for 

tinnitus, for a combined loss of 20 percent. 
2

for an increased schedule award. By decision dated August 13, 2014, OWCP denied appellant’s 

claim. On December 12, 2014 OWCP denied reconsideration of the August 13, 2014 decision. 

The Board notes that on May 9, 2013 appellant filed a new claim for a schedule award 

due to additional noise exposure. The record indicates that OWCP assigned this claim File No. 

xxxxxx779. Although there is no decision in the current record with regard to this case, there are 

indications in the record that a decision was issued in File No. xxxxxx779 on February 27, 2014 

awarding appellant a schedule award for an additional six percent binaural hearing loss. 

On March 4, 2014 the employing establishment requested that OWCP combine the 

present case, File No. xxxxxx530, with File No. xxxxxx779. There is no indication in the record 

that the cases were ever combined. 

The Board finds that it is essential to review the evidence contained in both File Nos. 

xxxxxx779 and xxxxxx530 in order to render a full and fair adjudication of the present appeal. 

Due to the overlapping nature of the claims, the evidence contained in those case records will 

necessarily bear directly on appellant’s claim for compensation. Without reviewing the case 

records in both claims, the Board is unable to determine whether OWCP properly considered all 

relevant evidence in rendering its decisions. Accordingly, this case will be remanded for OWCP 

to consolidate case files xxxxxx530 and xxxxxx779. Reconstruction of the record will be 

followed by a de novo decision on the merits of the claim in order to protect appellant’s appeal 

rights. 

IT IS HEREBY ORDERED THAT the decisions of the Office of Workers’ 

Compensation Programs dated August 13 and December 12, 2014 are set aside and the case is 

remanded for further action consistent with this order. 

Issued: September 14, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board