United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

P.C., Appellant

and

U.S. POSTAL SERVICE, NORTH RICHLAND 

HILLS BRANCH, Fort Worth, TX, Employer

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Docket No. 22-0534

Issued: February 13, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On February 23, 2022 appellant filed a timely appeal from a January 18, 2022 merit 

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

Boards assigned Docket No. 22-0534.

On September 5, 2015 appellant, then a 46-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on that date he strained his right shoulder while in the 

performance of duty. OWCP assigned OWCP File No. xxxxxx940 and accepted the claim for 

instability and bicipital tendinitis of the right shoulder. 

On August 11, 2021 appellant filed a claim for compensation (Form CA-7) for a schedule 

award. 

By decision dated January 18, 2022, OWCP denied appellant’s schedule award claim. It 

found that the evidence established 10 percent permanent impairment of the right upper extremity. 

OWCP indicated that appellant had previously received schedule awards for the right shoulder of 

22 percent under OWCP File No. xxxxxx004 and 12 percent under OWCP File No. xxxxxx972 

and thus was not entitled to an additional schedule award. 

The Board, having duly considered this matter, finds that the case is not in posture for 

decision.
2

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

adjudication of the issues depends on frequent cross-referencing between case files.1 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.2 OWCP specifically referenced 

schedule awards for the right upper extremity granted in other claims, OWCP File Nos. xxxxxx004 

and xxxxxx972, in finding that appellant was not entitled to a schedule award for the right upper 

extremity in the current case, OWCP File No. xxxxxx940. However, the evidence pertaining to 

these files is not part of the case record presented before the Board. Evidence contained in another 

of claimant’s case files may be used, but a copy of that evidence should be placed into the case file 

being adjudicated.3 All evidence that forms the basis of a decision must be in that claimant’s case 

record.4 Therefore, for a full and fair adjudication, the case shall be remanded to OWCP to 

administratively combine the current case record with OWCP File Nos. xxxxxx004 and 

xxxxxx972. Following this and other such further development as deemed necessary, OWCP shall 

issue a de novo decision regarding appellant’s schedule award claim. Accordingly,

1 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c(1) 

(February 2000); V.G., Docket No. 19-0670 (issued April 30, 2020); L.P., Docket Nos. 18-1558, 18-1568 (issued 

June 21, 2019); W.S., Docket No. 15-0969 (issued October 5, 2015); C.C., Docket No. 14-1576 (issued 

March 9, 2015).

2

Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January 29, 2020).

3 Supra note 1 at Chapter 2.800.5a (June 2011); Order Remanding Case, R.L., Docket No. 20-0901 (issued 

July 27, 2021).

4

Id.; see also Order Remanding Case, G.O., Docket No. 18-1483 (issued June 20, 2019).
3

IT IS HEREBY ORDERED THAT the January 18, 2022 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: February 13, 2023

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board