United States Department of Labor

Employees’ Compensation Appeals Board

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V.B., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

BAY PINES VETERANSA MEDICAL CENTER, 

St. Petersburg, FL, Employer

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Docket No. 19-1942

Issued: April 30, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 19, 2019 appellant filed a timely appeal from a July 31, 2019 decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

docketed the appeal as No. 19-1942.1 

On July 3, 2018 appellant, then a 55-year-old medical support assistant, filed a traumatic 

injury claim (Form CA-1) alleging that on February 14, 2018 he injured his left knee when he 

turned to stand up from his desk and his chair rolled out from under him, causing him to lose his 

balance and slip while in the performance of duty. On August 15, 2018 OWCP accepted the claim, 

assigned File No. xxxxxx661, for aggravation of derangement of other medial meniscus due to a 

 

1 The Board notes that, following the July 31, 2019 decision, OWCP received additional evidence. However, the 

Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that 

was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board 

for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this evidence for 

the first time on appeal. Id. 
2

prior tear or injury of the left knee.2 On November 28, 2018 appellant underwent left knee 

arthroscopic surgery. 

On February 8, 2019 appellant filed a claim for a schedule award (Form CA-7). By 

decision dated July 31, 2019, OWCP denied appellant’s schedule award claim, finding that 

medical evidence of record failed to support an increase in the permanent impairment beyond the 

previously awarded six percent permanent impairment of the left lower extremity under OWCP 

File No. xxxxxx309.

While the record currently before the Board does contain appellant’s May 24, 2011

schedule award for six percent permanent impairment of the left lower extremity and a May 5, 

2011 report by a district medical adviser (DMA) regarding appellant’s permanent impairment, it 

does not contain all of the relevant impairment rating medical reports under OWCP File No. 

xxxxxx309.3 The DMA’s May 5, 2011 report did not provide sufficient detail explaining the basis 

of the permanent impairment rating. The Board has previously held that simply comparing the 

prior percentage of permanent impairment awarded to the current impairment for the same member 

is not always sufficient to deny an increased schedule award claim.4 The issue is not whether the 

current permanent impairment rating is greater than the prior impairment ratings, but whether it 

duplicates in whole or in part the prior impairment rating.5

OWCP’s procedures provide that cases should be administratively combined when correct 

adjudication of the issues depends on frequent cross-referencing between files.6 For example, if a 

new injury case is reported for an employee who previously filed an injury claim for a similar 

condition or the same part of the body, doubling is required.

7

 Because they both involve schedule 

awards for accepted injuries to appellant’s left lower extremity, for a full and fair adjudication, the 

claims in OWCP File Nos. xxxxxx661 and xxxxxx309 must be administratively combined.8

Accordingly, the Board will remand the case to OWCP to administratively combine the 

case records for File Nos. xxxxxx661 and xxxxxx309. Following this and other such further 

 

2 OWCP previously accepted that appellant sustained a left lower extremity impairment of six percent due to his 

accepted conditions of lateral collateral ligament knee sprain and left knee medial meniscus tear in OWCP File No. 

xxxxxx309. 

3 The Board notes that the May 3, 2011 DMA report references an April 15, 2011 medical report from appellant’s 

attending physician received by OWCP in response to their development of his schedule award claim. 

4 R.K., Docket No. 19-0247 (issued August 1, 2019). 

5

Id. 

6

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

(February 2000).

7

Id.; D.C., Docket No. 19-0100 (issued June3, 2019); N.M., Docket No. 18-0833 (issued April18, 2019); K.T., 

Docket No. 17-0432 (issued August17, 2018).

8

See B.O., Docket No. 18-1100 (issued February 24, 2020). 
3

development, as deemed necessary, OWCP shall issue a de novo decision on appellant’s schedule 

award claim.

IT IS HEREBY ORDERED THAT the July 31, 2019 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: April 30, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board