United States Department of Labor

Employees’ Compensation Appeals Board

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G.B., Appellant

and

DEPARTMENT OF THE INTERIOR, U.S. 

PARK POLICE, Washington, DC, Employer

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Docket No. 20-0236

Issued: October 9, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 9, 2019 appellant filed a timely appeal from a September 5, 2019 merit 

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

Boards assigned Docket No. 20-0236.

On July 24, 2002 appellant, then a 36-year-old criminal investigator, filed a traumatic 

injury claim (Form CA-1) alleging that on July 10, 2002 he sustained right Achilles tendinitis when 

running on pavement during his physical training class while in the performance of duty. By 

decision dated March 19, 2019, OWCP accepted his claim for right heel Achilles tendinitis under 

File No. xxxxxx434.

On January 9, 2019 appellant filed a claim for a schedule award (Form CA-7).

In a memorandum to file, OWCP noted that appellant had requested schedule awards under 

the current file, OWCP File No. xxxxxx434, and OWCP File No. xxxxxx905.1 It noted that, under 

 

1 On April 30, 2019 OWCP noted that the record included a compact disc (CD) containing a magnetic resonance 

imaging (MRI) scan. On May 7, 2019 it noted that the record included a digital video disc (DVD).
2

OWCP File No. xxxxxx905, he had been referred for a second opinion evaluation to determine 

left upper extremity and right lower extremity permanent impairment.2

In a report dated June 12, 2019, Dr. Easton L. Manderson, a Board-certified orthopedic 

surgeon, determined that appellant had zero percent right lower extremity permanent impairment 

under OWCP File No. xxxxxx434 and seven percent permanent impairment of the left upper 

extremity under OWCP File No. xxxxxx905 using the sixth edition of the American Medical 

Association, Guides to the Evaluation of Permanent Impairment.

3

 He based his impairment rating 

on review of a July 15, 2019 MRI scan of the right tibia and fibula, which he related revealed mild 

tendinosis and mild peritendinitis of the distal Achilles tendon, and July 15, 2019 x-ray 

interpretations of the right calcaneous, which he related showed minimal degenerative changes. 

Dr. Manderson also referenced August 15 and September 7, 2006 reports by a podiatrist regarding 

appellant’s right lower extremity, and an October 4 2007 MRI scan of appellant’s Achilles tendon.

He detailed medical records4reviewed for both claims and provided left upper extremity 

examination findings. No physical examination findings were provided for the right lower 

extremity other than appellant reported no foot complaints.

By decision dated September 5, 2019, OWCP denied appellant’s schedule award claim

finding that the evidence of record was insufficient to establish any right lower extremity 

permanent impairment. It explained that Dr. Manderson had concluded that appellant had no 

permanent impairment of the right lower extremity, warranting a schedule award.

The Board had duly considered the matter and finds that this case is not in posture for 

decision.

The record submitted to the Board is incomplete. As part of the development of appellant’s 

request for a schedule award in this claim, as well as development of appellant’s schedule award 

development for his left shoulder condition in OWCP File No. xxxxxx905, OWCP referred 

appellant to Dr. Manderson. However, the record does not contain the letter referring appellant to

Dr. Manderson, or the accompanying list of questions and statement of accepted facts (SOAF) 

provided for the physician’s review. The current record also does not include the diagnostic testing 

performed on September 15, 2019, or the diagnostic reports referred to by Dr. Manderson. 

Moreover, Dr. Manderson noted that he reviewed more documents than the record transmitted to 

the Board contained.

Section 501.2(c) of the Board’s Rules of Procedure5 provides that the Board has 

jurisdiction to consider and decide appeals from the final decision of OWCP in any case arising 

 

2 The Board notes that these OWCP files have not been combined. OWCP File No. xxxxxx905 appears to be 

related to an April 27, 2005 traumatic injury to appellant’s left shoulder. 

3 A.M.A., Guides (6th ed. 2009).

4 Dr. Manderson noted that he reviewed 166 pages for OWCP File No. xxxxxx434. The Board notes that the case 

record before the Board contains 96 pages in 23 documents.

5 20 C.F.R. § 501.2(c).
3

under the Federal Employees’ Compensation Act.6 Because the record as transmitted to the Board 

is incomplete and would not permit an informed adjudication of the case,7the Board is unable to 

properly consider and decide appellant’s claim. The case, therefore, is remanded to OWCP for 

reconstruction and proper assemblage of the record.8 After such further development as deemed 

necessary, OWCP shall issue a de novo decision on appellant’s right lower extremity schedule 

award claim. Accordingly,

IT IS HEREBY ORDERED THAT the September 5, 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: October 9, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

6 5 U.S.C. § 8101 et seq.

7 See H.C., Docket No. 19-1976 (issued May 26, 2020); D.H., Docket No. 17-0224 (issued August 16, 2018).

8

Id.