United States Department of Labor

Employees’ Compensation Appeals Board

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J.C., Appellant

and

DEPARTMENT OF TRANSPORTATION, 

FEDERAL AVIATION ADMINISTRATION,

West Columbia, SC, Employer

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Docket No. 21-1402

Issued: January 11, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 24, 2021 appellant filed a timely appeal from an April 5, 2021 merit decision 

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

assigned Docket No. 21-1402.1

On October 16, 2007 appellant, then a 47-year-old aviation safety inspector, filed an 

occupational disease claim (Form CA-2) alleging that he developed 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 his federal employment on September 17, 2007. Appellant did not 

stop work.

By decision dated February 13, 2008, OWCP accepted appellant’s claim for binaural 

sensorineural hearing loss.

1 The Board notes that,following the April5, 2021 decision, OWCP received additional evidence. However, the 

Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that 

was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board 

for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this evidence for 

the first time on appeal. Id.
2

OWCP received audiograms dated August 2, 2017, August 16, 2018, and July 26, 2019, a 

report of Dr. Sarang Yoon, an occupational medicine specialist dated August 20, 2019, and 

additional audiograms dated August 21, 2019, February 7, 2020, and February 19, 2021.

On February 25, 2021 appellant filed a claim for compensation (Form CA-7)for a schedule 

award.

On March 29, 2021 OWCP referred the medical record and statement of accepted facts to

Dr. Jeffrey Israel, Jr., Board-certified otolaryngologist, serving as an OWCP district medical 

adviser, to determine the extent of appellant’s hearing loss and permanent impairment due to 

appellant’s employment-related noise exposure. In a report dated March 30, 2021, he noted that 

he had reviewed a March 19, 2021 evaluation by Dr. Tab Thompson, a Board-certified 

otolaryngologist, and applied the audiometric data to OWCP’s standard for evaluating hearing loss 

under the sixth edition of the American Medical Association, Guides to the Evaluation of 

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

2

in determining that appellant sustained a right 

monaural loss of zero percent, a left monaural loss of zero percent, and a binaural hearing loss of 

zero percent.

By decision dated April 5, 2021, OWCP denied appellant’s schedule award claim, finding 

that the evidence of record was insufficient to establish that his accepted hearing loss cond ition 

was severe enough to be considered ratable.

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

decision. The record submitted to the Board is incomplete as the current record does not contain

the letter referring appellant to Dr. Thompson, the accompanying list of questions, or his March 19, 

2021 report. 

Section 501.2(c) of the Board’s Rules of Procedure3 provides that the Board has 

jurisdiction to consider and decide appeals from the final decision of OWCP in any case arising 

under the Federal Employees’ Compensation Act.4 Because the record as transmitted to the Board 

is incomplete and would not permit an informed adjudication of the case,5the Board is unable to 

properly consider and decide appellant’s claim. The case, therefore, is remanded to OWCP for 

reconstruction and proper assemblage of the record.6 After such further development as deemed 

necessary, OWCP should issue a de novo decision on appellant’s hearing loss schedule award 

claim.

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

3

20 C.F.R. § 501.2(c).

4

5 U.S.C. § 8101 et seq.

5

See G.B., Docket No. 20-0236 (issued October 9, 2020); H.C., Docket No. 19-1976 (issued May 26, 2020); D.H., 

Docket No. 17-0224 (issued August16, 2018).

6

Id.
3

IT IS HEREBY ORDERED THAT the April 5, 2021 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: January 11, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board