United States Department of Labor

Employees’ Compensation Appeals Board

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M.P., Appellant

and

DEPARTMENT OF THE NAVY, PUGET 

SOUND NAVAL SHIPYARD &

INTERMEDIATE MAINTENANCE FACILITY, 

Bremerton, WA, Employer

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Docket No. 20-0264

Issued: January 29, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 14, 2019 appellant filed a timely appeal from an October 22, 2019 merit 

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

Boards docketed the appeal as No. 20-0264.

On July 25, 2018 appellant, then a 63-year-old worker leader -- crane operator -- crane 

mechanic, filed an occupational disease claim (Form CA-2) alleging that he sustained bilateral 

hearing loss due to factors of his federal employment. He noted that he first became aware of his 

condition and realized that it was caused or aggravated by factors of his federal employment on

May 10, 2018. Appellant explained that his final hearing test at the employing establishment 

showed additional hearing loss from exposure to noise.1 He retired on June 29, 2018. 

 

1 Appellant has a previously accepted occupational disease claim under OWCP File No. xxxxxx898 for binaural 

hearing loss related to occupational noise exposure. On January 6, 2010 OWCP granted appellant a schedule award 

for eight percent monaural (left) hearing loss. The period of the award ran from May 13 to June 11, 2009. Appellant’s 

claims have not been administratively combined. 
2

On February 4, 2019 OWCP referred appellant, along with a statement of accepted facts 

(SOAF) and a copy of the medical record to Dr. Jackson Holland, a Board-certified 

otolaryngologist, for a second opinion evaluation to determine the nature and extent of his 

employment-related conditions. 

In his March 5, 2019 medical report, Dr. Holland reviewed the SOAF, history of injury and 

the medical evidence of record. He identified appellant’s previous hearing loss claim under OWCP 

File No. xxxxxxx898, as well as his subsequent treatment and receipt of right and left hearing aids. 

On evaluation, Dr. Holland noted appellant’s right ear hearing impairment as moderate and his left 

ear hearing impairment as moderate to severe. He reviewed appellant’s audiometric testing results 

and, using the sixth edition of the American Medical Association, Guides to the Evaluation of 

Permanent Impairment, (A.M.A., Guides),

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found at 500, 1,000, 2,000, and 3,000 Hertz losses of 

10, 15, 25, and 50 decibels (dBs) on the right, respectively; and 15, 20, 50, and 75 dBs on the left, 

respectively. Dr. Holland diagnosed neurosensory hearing impairment, binaural, noise-induced 

hearing loss, binaural and tinnitus. He found zero percent monaural hearing loss in the right ear;

22.5 percent monaural hearing loss in the left ear; and 3.7 percent binaural hearing loss. 

Dr. Holland described the progression of appellant’s hearing loss since his 2009 audiometric 

evaluation and opined that the continued occupational exposure spanning from 2009 until his 

retirement in June 2018 was of sufficient intensity and duration to be the primary contributor to

his neurosensory hearing loss progression and incremental increase is ratable for the left and right 

ears.

By decision dated May 10, 2019, OWCP accepted appellant’s occupational disease claim 

for binaural sensorineural hearing loss, with tinnitus, unspecified ear. 

On June 6, 2019 appellant filed a claim for a schedule award (Form CA-7). 

In an August 8, 2019 development letter, OWCP noted that appellant had previously been 

awarded compensation for eight percent permanent impairment of the left ear under OWCP File 

No. xxxxxx898. It requested a narrative medical report from his physician explaining whether he 

or she believes the current percentage of hearing loss includes the prior percentage awarded or if 

it should be considered an addition to the prior percentage awarded. OWCP afforded appellant 30 

days to submit the additional evidence. No additional evidence was received. 

By decision dated October 22, 2019, OWCP denied appellant’s schedule award claim, 

finding that the evidence of record was insufficient to establish that his additional work exposure 

contributed to an additional impairment. 

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

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

correct adjudication depends on cross-referencing between files or when two or more injuries 

occur to the same part of the body.3 In the present claim, appellant alleged bilateral hearing loss 

 

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

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

(February 2000).
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due to noise exposure at work. OWCP noted that it had previously accepted on August 11, 2009 

that appellant sustained binaural hearing loss due to factors of his federal employment under 

OWCP File No. xxxxxx898. For a full and fair adjudication, the claim in OWCP File No. 

xxxxxx898 must be administratively combined with the present claim. This will allow OWCP to 

consider all relevant claim files in developing this schedule award claim.4

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

present claim with OWCP File No. xxxxxx898. Following this and other such further development 

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

claim.

IT IS HEREBY ORDERED THAT the October 22, 2019 decision of the Office of 

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

proceedings consistent with this order of the Board.

Issued: January 29, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

4

Id. at Chapter 2.400.8(c)(1); W.W., Docket No. 19-0884 (issued June 16, 2020); L.P., Docket Nos. 18-1558, 

181568 (issued June 21, 2019); L.S., Docket Nos. 17-1863, 17-1867, 17-1868 (issued April 18, 2018); W.S., Docket 

No. 15-0969 (issued October 5, 2015); C.C., Docket No. 14-1576 (issued March 9, 2015).