United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

T.B., Appellant 

and 

DEPARTMENT OF THE ARMY, TANK -- 

AUTOMOTIVE ARMAMENTS COMMAND, 

RED RIVER ARMY DEPOT, Texarkana, TX, 

Employer 

__________________________________________ 

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Docket No. 15-0889 

Issued: October 27, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

JURISDICTION 

On March 16, 2015 appellant filed a timely appeal from a January 28, 2015 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal 

Employees’ Compensation Act1

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction over the merits of this case. 

ISSUE 

The issue is whether appellant is entitled to a schedule award for permanent impairment 

of his right arm. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On February 24, 2010 appellant, then a 53-year-old welder, filed a traumatic injury claim 

(Form CA-1) alleging that on February 17, 2010, while he was descending from working on top 

of a Bradley vehicle, he fell on concrete and hit his right wrist, thereby sustaining a broken right 

wrist. OWCP accepted appellant’s claim on the same date he filed for a fracture of an 

unspecified part of radius (alone), closed, right. It later accepted his claim for the additional 

conditions of closed fracture lower end of radius (alone), other right; and right carpal tunnel 

syndrome. On February 25, 2010 appellant underwent an open reduction and internal fixation 

right radius Synthes plate. On May 12, 2012 he underwent a carpal tunnel release for his right 

hand. 

On December 16, 2013 appellant filed a claim for a schedule award. 

By letter dated December 27, 2013, OWCP informed appellant of the specific evidence 

required to support his claim for a schedule award. It noted that he needed to submit a narrative 

medical report with a physician determining whether appellant had reached maximum medical 

improvement with regard to his accepted employment injuries; note the diagnosis on which any 

impairment is based, including any related surgery; provide a detailed description of all pertinent 

objective findings and subjective complaints; and provide a detailed description of any 

permanent impairment of the same member or function which preexisted the injury. 

In response, appellant submitted an October 5, 2013 report by Dr. Randy Terrell, an 

osteopath, noting that appellant’s chief complaint was neck pain and hand pain. Dr. Terrell 

diagnosed chronic neck pain due to cervical spondylosis and status post open reduction and 

internal fixation for right wrist fracture in 2010 and right carpal tunnel release in 2012. He noted 

no joint tenderness or enlargement, but did note decreased range of motion of the right wrist. 

Dr. Terrell also noted decreased sensation in the right hand. He also provided range of motion 

findings. 

By decision dated January 28, 2015, OWCP denied appellant’s claim for a schedule 

award. 

LEGAL PRECEDENT 

The schedule award provision of FECA2

 and its implementing regulations3 set forth the 

number of weeks of compensation payable to employees sustaining permanent impairment from 

loss, or loss of use, of scheduled members or functions of the body. However, FECA does not 

specify the manner in which the percentage of loss shall be determined. For consistent results 

and to ensure equal justice under the law to all claimants, good administrative practice 

necessitates the use of a single set of tables so that there may be uniform standards applicable to 

all claimants. OWCP evaluates the degree of permanent impairment according to the standards 

set forth in the specified edition of the American Medical Association, Guides to the Evaluation 

 2

 5 U.S.C. § 8107. 

3

 20 C.F.R. § 10.404. 
3

of Permanent Impairment (A.M.A., Guides).4 The A.M.A., Guides has been adopted by the 

implementing regulations as the appropriate standard for evaluating schedule losses.5

 For 

impairment ratings calculated on or after May 1, 2009, OWCP should advise any physician 

evaluating per impairment to use the sixth edition.6

It is the claimant’s burden to establish that he or she has sustained a permanent 

impairment of the scheduled member as a result of any employment injury.7

 OWCP procedures 

provide that to support a schedule award, the file must contain competent medical evidence 

which shows that the impairment has reached a permanent and fixed state and indicates the date 

on which this date occurred (date of maximum medical improvement), describe the impairment 

in sufficient detail so that it can be visualized on review and computes the percentage of 

impairment in accordance with the A.M.A., Guides.8

The sixth edition requires identifying the impairment Class of Diagnosis (CDX) 

condition, which is then adjusted by grade modifiers based on grade modifier for Functional 

History (GMFH), grade modifier for Physical Examination (GMPE) and grade modifier for 

Clinical Studies (GMCS).9 The net adjustment formula is (GMFH-CDX) + (GMPE-CDX) + 

(GMCS-CDX).10 

ANALYSIS 

OWCP accepted appellant’s claim for fracture unspecified part of radius (alone), closed, 

right; closed fracture lower end of radius (alone), other right; and right carpal tunnel syndrome. 

Appellant underwent surgeries on his right wrist on February 25, 2010 and May 12, 2012. By 

decision dated January 28, 2015, OWCP denied his schedule award claim. 

The Board finds that appellant has not submitted sufficient evidence to establish that, as a 

result of his employment injury, he sustained any permanent impairment to a scheduled member 

such that he would be entitled to a schedule award. By letter dated December 27, 2013, OWCP 

informed him of the type of evidence necessary to establish his schedule award claim. In 

response, appellant submitted an October 5, 2013 report wherein Dr. Terrell diagnosed appellant 

with cervical spondylosis and status post open reduction and internal fixation and wrist fracture 

 4 Id. 

5 See Federal (FECA) Procedure Manual, Part 3 -- Medical, Schedule Awards, Chapter 3.700, Exhibit 1 

(January 2010); see also Part 2 -- Claims, Schedule Awards and Permanent Disability Claims, Chapter 2.808.l5a 

(February 2013). 

6 Id. at Chapter 2.808.6.a (January 2010). 

7 Tammy L. Meehan, 53 ECAB 229 (2001). 

8 Supra note 5 at Chapter 2.808.5 (February 2013). 

9

 A.M.A., Guides 494-531. 

10 Id. at 521. 
4

in 2010 and right carpal tunnel release in 2012. Dr. Terrell noted decreased range of motion of 

the right wrist and decreased sensation in the right hand. 

The Board finds that Dr. Terrell’s October 5, 2013 report is insufficient to establish that 

appellant is entitled to a schedule award. OWCP procedures provide that maximum medical 

improvement must be reached before a schedule award can be made.11 Dr. Terrell failed to state 

that maximum medical improvement had been reached and provided no impairment rating for 

appellant’s right wrist.12 Thus, his report is insufficient to establish that appellant reached 

maximum medical improvement and sustained a permanent impairment of his right wrist. 

The Board notes that it is appellant’s burden of proof to establish that he sustained a 

permanent impairment of a scheduled member as a result of an employment injury.13 The 

medical evidence must include a description of any physical impairment in sufficient detail so 

that the claims examiner and others reviewing the file would be able to clearly visualize the 

impairment with its resulting restrictions and limitations.14 Appellant did not submit such 

evidence and thus, OWCP properly denied his schedule award claim.15

Appellant may request a schedule award or increased schedule award based on evidence 

of a new exposure or medical evidence showing progression of an employment-related condition 

resulting in permanent impairment or increased impairment. 

CONCLUSION 

The Board finds that appellant has not established that he is entitled to a schedule award 

for permanent impairment of his right arm. 

 11 Supra note 5 at Chapter 3.700.3(a)(1) (January 2010). 

12 J.R., Docket No. 14-1949 (issued April 28, 2015). 

13 E.D., Docket No. 10-967 (issued January 7, 2011). 

14 See A.L., Docket No. 08-1730 (issued March 16, 2009). 

15 L.F., Docket No. 10-343 (issued November 29, 2010); V.W., Docket No. 09-2026 (issued February 16, 2010). 
5

ORDER 

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

Compensation Programs dated January 28, 2015 is affirmed. 

Issued: October 27, 2015 

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