United States Department of Labor

Employees’ Compensation Appeals Board

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J.M., Appellant

and

DEPARTMENT OF THE AIR FORCE, 

LAUGHLIN AIR FORCE BASE, Del Rio, TX, 

Employer

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Docket No. 19-1213

Issued: May 29, 2019

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On May 6, 2019 appellant filed an appeal from an April 25, 2019 decision of the Office of 

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

No. 19-1213.

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

decision and must be remanded to OWCP. 

OWCP has accepted that appellant sustained an employment injury and accepted his claim 

for left shoulder region joint pain; other affections of the left shoulder not elsewhere classified; 

sprain of the left shoulder and upper arm, supraspinatus; bilateral neck sprain’ and left elbow 

contusion. On September 13, 2014 appellant filed a claim for a schedule award (Form CA-7). 

Following development of the claim by OWCP, by decision dated January 7, 2015, his claim for 

a schedule award was accepted and compensation was paid based upon findings of five percent 

left upper extremity permanent impairment and three percent right upper extremity permanent 

impairment. On August 11, 2017 appellant filed a claim for an increased schedule award (Form 

CA-7). By decision dated November 3, 2017, his increased schedule award claim was denied as 

it found that he had not submitted evidence containing a rating of permanent impairment greater 

than that previously awarded. On December 5, 2017 appellant requested an oral hearing. In a 

letter dated April 9, 2018, he was notified of the time and date of the scheduled hearing, but he did 
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not appear at the hearing. By decision dated May 31, 2018, appellant’s claim for an increased 

schedule award remained denied as he had not attended the scheduled hearing or subsequently 

explain his failure to appear. 

On April 15, 2019 appellant filed a claim for an increased schedule award (Form CA-7). 

By letter dated April 25, 2019, OWCP notified him that no further action would be taken regarding 

the increased schedule award claim which was in effect a denial of his claim. 

The schedule award provisions of the Federal Employees’ Compensation Act1and its 

implementing federal regulations2set forth the number of weeks of compensation payable to 

employees sustaining permanent impairment from loss, or loss of use, of scheduled members or 

functions of the body. OWCP procedures allow an appellant to request an increased schedule 

award at any time based on evidence of a new exposure or medical evidence showing progression 

of an employment-related condition resulting in permanent impairment or increased permanent 

impairment.3

The Board finds that appellant’s April 15, 2019 filing of a Form CA-7 was a new claim for 

an increased schedule award. The April 25, 2019 decision failed to adjudicate appellant’s claim 

for an increased schedule award. Therefore, the case shall be remanded for OWCP to further 

develop the claim for an increased schedule award and thereafter issued a de novo decision.4 

 

1 5 U.S.C. § 8107.

2 20 C.F.R. § 10.404.

3 Federal (FECA) Procedure Manual, Part 2 -- Claims, Schedule Awards and Permanent Disability Claims, Chapter 

2.808.9 (March 2017).

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Id. at Chapter 2.808.8(c) (March 2017).
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IT IS HEREBY ORDERED THAT the April 25, 2019 decision is set aside and the case

is remanded to OWCP for further action consistent with this order of the Board.

Issued: May 29, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board