United States Department of Labor

Employees’ Compensation Appeals Board

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C.H., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS AFFAIRS MEDICAL CENTER, 

Lexington, KY, Employer

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Docket No. 21-0832

Issued: November 8, 2021

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

PATRICIA H. FITZGERALD, Alternate Judge

On May 10, 2021 appellant filed a timely appeal from January 28 and April 1, 2021 merit 

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

Boards assigned Docket No. 20-0832.

On December 17, 2019 appellant, then a 47-year-old nursing assistant, filed a traumatic 

injury claim (Form CA-1) alleging that, on that date, she sustained a fracture of the right hand 

when a patient grabbed her arm and twisted her right thumb while in the performance of duty.1 

On March 22, 2010 OWCP accepted her claim for a sprain of the ulnar collateral ligament of the 

1 OWCP assigned the present claim OWCP File No. xxxxxx630. Under OWCP File No. xxxxxx353, OWCP 

previously accepted that on April 17, 2009 appellant sustained a right hand sprain and complex regional pain syndrome 

(CRPS) of the right upper extremity when a combative patient kicked and slammed appellant’s hand into a bedrail. 

On December 14, 2010appellant underwent OWCP-authorized insertion of a spinal cord stimulator at C4. By decision 

dated September 27, 2011, OWCP granted her a schedule award for 20 percent permanent impairment of the right 

hand. The period of the award ran for 48.8 weeks from April8, 2011 through March 14, 2012. By decision dated 

September 11, 2012, OWCP issued an amended schedule award for 20 percent permanent impairment of the right 

shoulder in lieu of the prior schedule award for impairment of the right hand. It extended the number of weeks of 

compensation from 48.8 to 62.4, a difference of 13.6 weeks, covering the period March 15 through June 18, 2012. 
2

metacarpophalangeal joint of the right thumb. On March 3, 2020 appellant filed a schedule award 

claim (Form CA-7). 

OWCP subsequently expanded its acceptance of the present claim under OWCP File No. 

xxxxxx630 to include chronic pain syndrome and CRPS I of the right upper extremity. 

On July 15, 2020 appellant claimed compensation (Form CA-7) for intermittent wage-loss 

during the period February 13 through August 6, 2010 to attend medical appointments related to 

the accepted conditions. By decision dated January 28, 2021, OWCP authorized compensation for 

four hours on March 12, 2010, but denied the remainder of the claimed hours. 

By decision dated April 1, 2021, OWCP granted appellant a schedule award for two

percent permanent impairment of the right upper extremity under OWCP File No. xxxxxx353. 

The award ran for 6.24 weeks from July 31 through September 12, 2020. 

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

for decision. 

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

adjudication of the issues depends on frequent cross-referencing between files.2 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. 3 In adjudicating appellant’s present 

claim, OWCP File No. xxxxxx630, OWCP specifically referenced schedule awards for the right 

upper extremity in appellant’s earlier claim, OWCP File No. xxxxxx353. Evidence may not be 

incorporated by reference, nor may evidence from another claimant’s case file be used.4 Evidence 

contained in another of the claimant’s case files may be used, but a copy of that evidence should 

be placed into the case file being adjudicated.5 All evidence that forms the basis of a decision must 

be in that claimant’s case record.6 Therefore, for full and fair adjudication, the case shall be

remanded to OWCP to administratively combine OWCP File Nos. xxxxxx630 and xxxxxx353. 

Following this and other such further development as deemed necessary, it shall issue de novo

decision regarding appellant’s schedule award claim and claim for compensation.

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

(February2000). 

3

Id.; R.L., Docket No. 20-0901 (issued July 27, 2021); M.E., Docket No. 21-0094 (issued May 27, 2021); T.T.,

Docket No. 21-0049 (issued May 3, 2021); L.M., Docket No. 19-1490 (issued January 29, 2020); L.H., Docket No.

18-1777 (issued July 2, 2019).

4

Supra note 2 atChapter 2.800.5a (June2011).

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Id.; R.L., supra note 3.

6

Id. See also G.O., Docket No. 18-1483 (issued June 20, 2019).
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IT IS HEREBY ORDERED THAT the April 1 and January 28, 2021 decisions of the 

Office of Workers’ Compensation Programs are set aside and the case is remanded to OWCP for 

further proceedings consistent with this order of the Board.

Issued: November 8, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board