United States Department of Labor

Employees’ Compensation Appeals Board

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M.K., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Brooklyn, NY, 

Employer

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Docket No. 17-0252

Issued: August 15, 2018

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 15, 2016 appellant filed a timely appeal from a September 21, 2016 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). By that decision, OWCP 

denied appellant’s claim for compensation (Form CA-7) for total disability commencing June 13, 

2016, finding that the medical evidence of record was insufficient to establish disability causally 

related to the accepted right wrist condition. The Board assigned the appeal Docket No. 

17-0252.

The Board, having duly considered the matter, concludes that the case is not in posture 

for decision.

On February 28, 2016 appellant, then a 48-year-old mail handler filed an occupational 

disease claim (Form CA-2) alleging that factors of his federal employment resulted in a right 

wrist injury. He related that he initially became aware of this condition on April 6, 2015 and 

related it to factors of his federal employment on May 8, 2015. Appellant stopped work on 

May 7, 2015 and did not return. On June 10, 2016 OWCP accepted the claim for right wrist 

ganglion cyst. Appellant subsequently filed a claim for compensation (Form CA-7) on July 8, 

2016 for temporary total disability for the period June 13, 2015 through July 8, 2016. He 

submitted several reports by Dr. William J. Lackey, a Board-certified orthopedic surgeon, to 
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support his claim for disability. However, by its September 21, 2016 decision, OWCP denied 

appellant’s disability claim for the period beginning June 13, 2016 and continuing after 

analyzing Dr. Lackey’s reports and without addressing the period of disability claimed for the 

year prior, i.e., commencing June 13, 2015. Moreover, there is no indication in the record that it 

was either further developing that portion of appellant’s claim, or that it planned to further 

develop that portion of appellant’s claim.

The Board finds that by adjudicating only a portion of appellant’s claim for disability, 

commencing June 13, 2016, as opposed to June 13, 2015, would result in piecemeal adjudication 

of appellant’s claim. To consider appellant’s appeal in piecemeal fashion, as presented to the 

Board, could result in further inconsistent results.1 It is the Board’s policy to avoid such an 

outcome.

2

 In order to avoid piecemeal adjudication and inconsistent results, the Board will set 

aside OWCP’s September 21, 2016 decision and remand the case to OWCP to adjudicate 

appellant’s claim for compensation for disability commencing June 13, 2015 and continuing. 

Following such further development as deemed necessary, OWCP shall issue a de novo decision 

on appellant’s claim for total disability. Accordingly,

IT IS HEREBY ORDERED THAT the September 21, 2016 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: August 15, 2018

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

1 See A.B., Docket No. 17-1480 (issued June 8, 2018).

2

Id.; see also William T. McCracken, 33 ECAB 1197 (1982).