United States Department of Labor

Employees’ Compensation Appeals Board

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T.S., Appellant

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U.S. POSTAL SERVICE, POST OFFICE, 

Chanute, KS, Employer

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Docket No. 21-0864

Issued: January 31, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On May 14, 2021 appellant filed a timely appeal from a November 19, 2020 merit decision 

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

assigned Docket No. 21-0864.1

On November 14, 2016 appellant, then a 50-year-old city carrier, filed an occupational 

disease claim (Form CA-2) alleging that he developed a bilateral shoulder condition as a result of 

factors of his federal employment which required repetitive reaching and lifting over the course of 

23 years. He noted that he first became aware of his claimed condition on October 1, 2016 and its 

relation to his federal employment on November 1, 2016. Appellant stopped work on October 19, 

2016 when he elected Office of Personnel Management disability retirement benefits. OWCP 

assigned the claim OWCP File No. xxxxxx730. It accepted the claim for permanent aggravation 

of bilateral acromioclavicular joint degeneration and permanent aggravation of bilateral rotator 

cuff tendinitis.

1 The Board notes that following the November 19, 2020 decision, appellant submitted additional evidence to 

OWCP. 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 additional evidence for the first time on appeal. Id.
2

Appellant had prior claims for which OWCP accepted several upper extremity conditions. 

In an occupational disease claim, assigned OWCP File No. xxxxxx167, OWCP accepted on 

July 27, 2005 that appellant sustained bilateral carpal tunnel syndrome. On May 1, 2007 it 

awarded him a schedule award for two percent permanent impairment of the left upper extremity 

and four percent permanent impairment of the right upper extremity. In another occupational 

disease claim, assigned OWCP File No. xxxxxx020, OWCP accepted the claim on July 25, 2014

for bilateral cubital tunnel syndrome and bilateral epicondylitis. On May 7, 2019 it awarded 

appellant additional schedule award compensation for 8 percent permanent impairment of the left 

upper extremity and 11 percent permanent impairment of the right upper extremity. In another

occupational disease claim, assigned OWCP File No. xxxxxx833, OWCP accepted the claim on 

December 2, 2015 for bilateral carpal tunnel syndrome. On March 8, 2019 it awarded appellant 

additional schedule award compensation for four percent permanent impairment of the left upper 

extremity and two percent permanent impairment of the right upper extremity.

By decision dated November 19, 2020, OWCP granted appellant a schedule award for an 

additional 10 percent permanent impairment of the left upper extremity (24 percent less prior 

awards for 14 percent permanent impairment of the left upper extremity); and for an additional 10 

percent permanent impairment of the right upper extremity (27 percent less prior awards for 17

percent permanent impairment of the right upper extremity). It based its schedule award decision 

on October 1 and 23, 2020 reports of Dr. Michael M. Katz, a Board-certified orthopedic surgeon 

serving as an OWCP district medical adviser. Dr. Katz evaluated August 31, 2020 findings of

Dr. Joseph G. Sankoorikal, a Board-certified physiatrist serving as an OWCP referral physician. 

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

decision. 

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

adjudication of the issues depends on frequent cross-referencing between case files.2 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.3 In the present claim, OWCP 

specifically referenced evidence from earlier claims, OWCP File Nos. xxxxxx167, xxxxxx020, 

and xxxxxx833, including schedule awards granting permanent impairment of the upper 

extremities, i.e., the same extremities for which a schedule award was granted in the present claim, 

assigned OWCP File No. xxxxxx730. However, the evidence pertaining to these files is not part 

of the case record presented before the Board. For a full and fair adjudication, the case shall be 

remanded to OWCP to administratively combine the current case record with OWCP File Nos. 

xxxxxx167, xxxxxx020, and xxxxxx833, so it can consider all relevant claim files and 

accompanying evidence in adjudicating appellant’s occupational disease claim. Following this 

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

(February2000); V.G., Docket No. 19-0670 (issued April30, 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).

3

Id.; M.B., Docket No. 20-1175 (issued December 31, 2020); L.M., Docket No. 19-1490 (issued January29, 2020).
3

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

regarding appellant’s schedule award claim. Accordingly,

IT IS HEREBY ORDERED THAT the November 19, 2020 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 31, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board