United States Department of Labor

Employees’ Compensation Appeals Board

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D.P., Appellant

and

U.S. POSTAL SERVICE, ROCHESTER 

PROCESSING & DISTRIBUTION CENTER, 

Rochester, NY, Employer

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Docket No. 21-0970 & Docket 

No. 21-0972

Issued: March 3, 2022

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 January 3, 2021 appellant also filed a timely appeal from a November 24, 2020 merit 

decision of the Office of Workers’ Compensation Programs (OWCP) under OWCP File No. 

xxxxxx550. The Clerk of the Appellate Boards docketed the appeal as No. 21-0972. On June 10, 

2021 appellant filed a timely appeal from a December 29, 2020 merit decision of OWCP under 

OWCP File No. xxxxxx896. The Clerk of the Appellate Boards docketed that appeal as No. 

21-0970. 

With regard to OWCP File No. xxxxxx550, on October 27, 2007 appellant, then a 45-yearold mail processor, filed an occupational disease claim (Form CA-2) alleging that she developed 

neck, shoulder, and wrist conditions due to factors of her federal employment, including lifting 

trays, pushing containers, and moving mail. She noted that she first became aware of her condition 

and its relation to her federal employment on October 27, 2007. OWCP accepted the claim for 

right biceps strain and sprain of the shoulder and upper arm. On November 12, 2008 OWCP 

expanded the acceptance of appellant’s claim to include right lateral epicondylitis, lesion of the 

left ulnar nerve, and bilateral carpal tunnel syndrome.

With regard to OWCP File No. xxxxxx896, on January 3, 2017 appellant, then a 54-yearold mail processor, filed an occupational disease claim (Form CA-2) alleging that she developed 
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a left wrist condition due to factors of her federal employment, including repetitive fixing and 

bagging of the mail. On April 5, 2017 OWCP accepted the claim for left radial styloid 

tenosynovitis (de Quervain’s) under OWCP File No. xxxxxx896.

On June 1, 2020 appellant filed claimsfor compensation (Form CA-7) for a schedule award

under both OWCP File Nos. xxxxxx896 and xxxxx550. By decision dated November 24, 2020, 

under OWCP File No. xxxxxx550, OWCP granted appellant a schedule award for seven percent 

permanent impairment of her right upper extremity and nine percent permanent impairment of her 

left upper extremity. The award ran for 47.76 weeks during the period September 14, 2020 to 

August 14, 2021. By decision dated December 29, 2020, under OWCP File No. xxxxx896, OWCP 

denied appellant’s schedule award claim, finding that the evidence of record was insufficient to 

establish permanent impairment of a scheduled member or function of the body.

The Board has duly considered the matter and finds that these cases are not in posture for 

decision. 

Under its procedures, OWCP has determined that cases should be administratively 

combined where a new injury case is reported for an employee who previously filed an injury 

claim for the same part of the body and where correct adjudication depends on frequent crossreferencing between files.

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 This will allow OWCP to consider all relevant claim files in developing 

these schedule award claims.

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Appellant has claimed schedule awards in two claims, both accepted for injuries to her left 

upper extremity. Therefore, for full and fair adjudication, the cases must be remanded to OWCP 

to administratively combine OWCP File Nos. xxxxxx896 and xxxxxx550.

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 Following this and 

other such further development as deemed necessary, OWCP shall issue a de novo decision on 

appellant’s schedule award claims.

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

(February2000).

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Id. at Chapter 2.400.8(c)(1); E.J., Docket No. 20-1556 (issued July 27, 2021); V.G.,Docket No. 19-0670 (issued 

April 30, 2020); L.P., Docket Nos. 18-1558, 18-1568 (issued June 21, 2019); L.S., Docket Nos. 17-1863, 17-1867, 

17-1868 (issued April18, 2018); W.S., Docket No. 15-0969 (issued October 5, 2015); C.C., Docket No. 14-1576 

(issued March 9, 2015).

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Id.
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IT IS HEREBY ORDERED THAT the November 24 and December 29, 2020 decisions

of the Office of Workers’ Compensation Programs under OWCP File Nos. xxxxxx550 and 

xxxxxx896 are set aside and the cases are remanded to OWCP for further proceedings consistent 

with this order of the Board.

Issued: March 3, 2022

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