United States Department of Labor

Employees’ Compensation Appeals Board

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G.H., Appellant

and

U.S. POSTAL SERVICE, SOUTH SUBURBAN 

VEHICLE MAINTENANCE FACILITY,

Bedford Park, IL, Employer

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Docket No. 21-0416

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

VALERIE D. EVANS-HARRELL, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from a December 15, 2020 merit 

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

Boards docketed the appeal as No. 21-0416. 

On February 7, 2008 appellant, then a 54-year-old general clerk, filed a traumatic injury 

claim (Form CA-1) alleging on that date she injured her head, neck, and back when she slipped 

and fell in an icy parking lot while in the performance of duty. On April 22, 2008 OWCPaccepted

this claim for neck sprain/strain and lumbar sprain/strain under File No. xxxxxx725.

By decision dated October 26, 2010, OWCP granted appellant a schedule award for three 

percent permanent impairment of each upper extremity and four percent permanent impairment of 

each lower extremity due to the February 7, 2008 employment injury. An OWCP hearing 

representative set aside this decision on January 13, 2011 and remanded for further development. 

By decision dated July 15, 2011, OWCP found that appellant had no more than three percent 

permanent impairment of the bilateral upper extremities and four percent permanent impairment 

of the bilateral lower extremities.

On March 27, 2017 appellant filed an occupational disease claim (Form CA-2) alleging 

that she developed finger, hand, wrist, arm, shoulder, and neck conditions due to factors of her 
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federal employment, including repetitive typing, filing, and writing. She did not stop work. On 

March 29, 2017 OWCP accepted appellant’s occupational disease claim for bilateral carpal tunnel 

syndrome, radial styloid tenosynovitis, and cervical radiculopathy under File No. xxxxxx060.

On October 10, 2017 appellant underwent a right carpal tunnel release. On February 6, 

2018 appellant underwent a left carpal tunnel release.

On April 24, 2018 appellant filed a claim for compensation (Form CA-7) for a schedule 

award relating to her March 27, 2017 occupational disease claim.

In an October 1, 2018 report, Dr. J.M. Morgenstern, a Board-certified orthopedic surgeon, 

examined appellant and applied the sixth edition of the American Medical Associations, Guides 

to the Evaluation of Permanent Impairment (A.M.A., Guides)

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to his findings to reach an 

impairment rating of 11 percent of the right upper extremity, 1 percent of the left upper extremity,

and 5 percent whole person impairment.

On October 23, 2020 OWCP combined OWCP File Nos. xxxxxx060 and xxxxxx725 with 

the former serving as the master file.

The Board further notes that the record indicates that appellant also has a previously 

accepted December 12, 2015 traumatic injury for lumbago, lumbar strain, contusion, and thoracic 

strain under OWCP File No. xxxxxx379, as well as a December 12, 2016 traumatic injury accepted

for back and neck strain OWCP File No. xxxxxx417.

On October 28, 2020 Dr. Arthur S. Harris, a Board-certified orthopedic surgeon, and 

DMA, reviewed appellant’s combined claims of master File No. xxxxxx060 and OWCP File No. 

xxxxxx725 and found that she had an additional three percent permanent impairment of each upper 

extremity.

By decision dated December 15, 2020, OWCP granted appellant a schedule award for an 

additional three percent permanent impairment of each of her upper extremities.

The Board, having duly considered the matter, finds that this 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 and where two or more injuries 

occur to the same part of the body.2 For a full and fair adjudication of appellant’s schedule award

claim, the case shall be remanded for OWCP to administratively combine OWCP File Nos. 

xxxxxx379 and xxxxxx417 with OWCP File Nos. xxxxxx725 and xxxxxx060 under master File 

No. xxxxxx060. Following this and other such further development as deemed necessary, OWCP 

shall issue a de novo merit decision on appellant’s schedule award claim.

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

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

(February2000).
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IT IS HEREBY ORDERED THAT the December 15, 2020 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: November 8, 2021

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