United States Department of Labor

Employees’ Compensation Appeals Board

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R.N., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Springdale, AR, Employer

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Docket No. 17-1123

Issued: May 25, 2018

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 1, 2017 appellant filed a timely appeal from a November 7, 2016 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 met his burden of proof to establish more than 12 percent 

permanent impairment of his right lower extremity, for which he previously received a schedule 

award.

FACTUAL HISTORY

On February 26, 2014 appellant then a 61-year-old city carrier, filed a claim for a traumatic 

injury (Form CA-1) alleging that, on February 6, 2014, he injured his lower extremities when he 

 

1 5 U.S.C. § 8101 et seq.
2

slipped on ice and fell while delivering mail on his route. OWCP accepted his traumatic injury 

claim for right ankle sprain, right medial collateral ligament sprain, right medial meniscus tear, 

and bilateral chondromalacia patella. It also authorized a right knee arthroscopic procedure 

performed on June 10, 2014.2 In October 2014, appellant returned to work in a limited-duty 

capacity.

An October 21, 2014 functional capacity evaluation (FCE) performed by Steve Flory, 

physical therapist, also included a right lower extremity permanent impairment rating under the 

sixth edition of the American Medical Association, Guides to the Evaluation of Permanent 

Impairment (2009) (A.M.A., Guides). Mr. Flory based the 10 percent impairment rating on 

appellant having undergone partial medial and lateral meniscectomies.3

In a November 17, 2014 report, appellant’s surgeon, Dr. Powell, similarly found 10 percent 

right lower extremity permanent impairment under the A.M.A., Guides 509 (6th ed. 2009). He

explained that appellant’s diagnosis of partial medial and lateral meniscal injury represented a 

“[c]lass 2” impairment Class of Diagnosis (CDX) under Table 16-3, A.M.A., Guides 509 (6th ed. 

2009). The impairment range was 7 to 13 percent, with a default (C) lower extremity impairment 

of 10 percent. Dr. Powell assigned a grade modifier of 2 for Functional History (GMFH), Physical 

Examination (GMPE), and Clinical Studies (GMCS) for “moderate problem.” Using the net 

adjustment formula of (GMFH - CDX) + (GMPE - CDX) + (GMCS - CDX), he calculated that 

appellant had a net adjustment of (2-2) + (2-2) + (2-2) = 0, which equated to 10 percent permanent 

impairment of the right lower extremity.4

Appellant retired effective January 1, 2016. On June 11, 2016 he filed a claim for a 

schedule award (Form CA-7).

OWCP referred the case record to Dr. Michael M. Katz, a Board-certified orthopedic 

surgeon and district medical adviser (DMA). On July 26, 2016 Dr. Katz reviewed the medical 

evidence of record and determined that appellant had reached maximum medical improvement 

(MMI) as of October 21, 2014, the date of the FCE. He concurred with the diagnosis of partial 

medial and lateral meniscectomies, but noted that the correct class of impairment for this diagnosis 

was class 1, not class 2 as Dr. Powell previously indicated. Dr. Katz assigned a grade modifier of 

2 for (GMFH) and a grade modifier of 1 for (GMPE).

5

 Using the net adjustment formula of 

(GMFH - CDX) + (GMPE - CDX), Dr. Powell calculated that appellant had a net adjustment of 

(2-1) + (1-1) + (n/a) = 1, which equated to a class 1, grade D impairment under Table 16-3, A.M.A., 

Guides 509 (6th ed. 2009). The final right lower extremity impairment rating was 12 percent.

 

2 Dr. Mark Powell, a Board-certified orthopedic surgeon, performed an arthroscopic right knee partial medial and 

lateral meniscectomies, chondroplasty, plica excision, and removal of loose bodies.

3 Table 16-3, Knee Regional Grid, A.M.A., Guides 509 (6th ed. 2009).

4 See section 16.3d, A.M.A., Guides 521 (6th ed. 2009).

5 He did not assign a grade modifier for clinical studies as it was not supported by the evidence of record.
3

By decision dated November 7, 2016, OWCP granted appellant a schedule award for 12 

percent permanent impairment of his right lower extremity. The award ran for 34.56 weeks for 

the period October 21, 2014 to June 19, 2015.

LEGAL PRECEDENT

Section 8107 of FECA sets forth the number of weeks of compensation to be paid for the 

permanent loss of use of specified members, functions and organs of the body.6 FECA, however, 

does not specify the manner by which the percentage loss of a member, function or organ shall be 

determined. To ensure consistent results and equal justice under the law, good administrative 

practice requires the use of uniform standards applicable to all claimants. The implementing 

regulations have adopted the A.M.A., Guides as the appropriate standard for evaluating schedule 

losses.7 Effective May 1, 2009, schedule awards are determined in accordance with the sixth 

edition of the A.M.A., Guides (2009).8

After obtaining all necessary medical evidence, the case file should be routed to the DMA 

for an opinion concerning the nature and percentage of impairment in accordance with the A.M.A., 

Guides.

9

 The DMA should provide his or her rationale for the percentage of impairment 

specified.10

ANALYSIS

OWCP accepted appellant’s traumatic injury claim for right ankle sprain, right medial 

collateral ligament sprain, right medial meniscus tear, and bilateral chondromalacia patella. On 

June 10, 2014 appellant underwent OWCP-approved right knee arthroscopic surgery, which 

included partial medial and lateral meniscectomies. On November 7, 2016 OWCP granted him a 

schedule award for 12 percent permanent impairment of the right lower extremity. The award ran 

for a 34.56-week period from October 21, 2014 to June 19, 2015. It is appellant’s burden to submit 

sufficient evidence to establish the extent of permanent impairment.11

In his November 17, 2014 report, Dr. Powell indicated that appellant had 10 percent 

permanent impairment of the right (knee) lower extremity. He found that appellant’s partial 

medial and lateral meniscectomies represented a “class 2” impairment (CDX 2) under Table 16-3, 

A.M.A., Guides 509 (6

th ed. 2009). However, a “partial medial and lateral” meniscectomy is only 

 

6 For a total or 100 percent loss of use of a leg, an employee shall receive 288 weeks’ compensation. 5 U.S.C. 

§ 8107(c)(2).

7 20 C.F.R. § 10.404.

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

(January 2010); Federal (FECA) Procedure Manual, Part 2 -- Claims, Schedule Awards and Permanent Disability 

Claims, Chapter 2.808.5a (February 2013).

9

Id. at Part 2 -- Claims, Schedule Awards and Permanent Disability Claims, Chapter 2.808.6f.

10 Id.

11 See Annette M. Dent, 44 ECAB 403 (1993).
4

a class 1 impairment (CDX 1) under Table 16-3. As a consequence of this classification error 

(CDX), Dr. Powell miscalculated the applicable net adjustment (0) and found only 10 percent 

permanent impairment of the right (knee) lower extremity.

In accordance with its procedures, OWCP properly referred the evidence of record to its

DMA, Dr. Katz. In his July 26, 2016 report, Dr. Katz determined that appellant had reached MMI 

as of October 21, 2014, the date of the FCE. He concurred with Dr. Powell’s diagnosis of partial 

medial and lateral meniscectomy, but noted that the correct class of impairment for this diagnosis 

was a class 1. Dr. Katz assigned a grade modifier of 2 for functional history and a grade modifier 

of 1 for physical examination. He explained that the record did not support assignment of a grade 

modifier for clinical studies. Applying the net adjustment formula (GMFH 2 - CDX 1) + (GMPE

1 - CDX 1), the DMA found a net adjustment of +1, which represented a class 1, grade D 

impairment of 12 percent of the right lower extremity.

The Board finds that OWCP’s DMA applied the appropriate tables and grading schemes 

of the sixth edition of the A.M.A., Guides to Dr. Powell’s clinical findings. The DMA’s 

calculations were mathematically accurate. There is no other medical evidence of record utilizing 

the appropriate tables of the sixth edition of the A.M.A., Guides demonstrating a greater 

percentage of permanent impairment. For these reasons, the Board finds that OWCP properly 

relied on an OWCP DMA’s assessment of 12 percent permanent impairment of the right lower 

extremity, in granting appellant’s schedule award.

On appeal appellant contends that he had to use his own personal saved leave to get him to

his retirement date of January 2, 2016 and is seeking a schedule award payment for the period 

June 19, 2015 to January 2, 2016. However, OWCP properly began the award on the date of MMI

as found by OWCP’s DMA.

12

 The period covered by a schedule award commences on the date 

that the employee reaches MMI from the residuals of the employment injury.13 In this case, the 

period of award ran for 34.56 weeks, the amount of time statutorily mandated under FECA for 12 

percent permanent impairment of the right lower extremity.

14

Appellant may request a schedule award or increased schedule award at any time 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 met his burden of proof to establish more than 12 

percent permanent impairment of his right lower extremity, for which he previously received a 

schedule award.

 

12 C.V., Docket No. 14-1449 (issued October 14, 2014).

13 Albert Valverde, 36 ECAB 233, 237 (1984).

14 5 U.S.C. § 8107(c)(2).
5

ORDER

IT IS HEREBY ORDERED THAT the November 7, 2016 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: May 25, 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