R.W. and U.S. Postal Service, Tacoma Central Carrier Facility, Tacoma, WA (Board decision, May 12, 2011)

ECAB final decision. The Board set aside OWCP’s March 22, 2010 wage-earning capacity decision and remanded the case because OWCP did not properly issue that decision to the claimant’s authorized representative. Under 20 C.F.R. § 501.6(d), this Board decision becomes final 30 days after issuance unless the Board fixed a different period in it. A party may petition the Board for reconsideration within 30 days unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

R.W., a postal letter carrier with an accepted left tibia fracture, appealed an OWCP decision that reduced his wage-loss compensation based on actual earnings. OWCP mailed the decision to him and his employer, but the record did not show that it mailed a copy to his authorized representative. The Board held that this failed the notice requirement in 20 C.F.R. § 10.127. It set aside the reduction decision and remanded the case for appropriate action.

Decision snapshot

• Authority: Notice to an authorized representative under 20 C.F.R. § 10.127.
• Outcome: March 22, 2010 compensation reduction set aside; case remanded.
• Key point: OWCP did not properly issue its decision without sending it to the claimant’s authorized representative.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.W., Appellant
)
)
and ) Docket No. 10-1972
) Issued: May 12, 2011
U.S. POSTAL SERVICE, TACOMA CENTRAL
)
CARRIER FACILITY, Tacoma, WA, Employer
)
__________ )

Appearances: Case Submitted on the Record
John Eiler Goodwin, Esq., for the appellant
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
RICHARD J. DASCHBACH, Chief Judge
ALEC J. KOROMILAS, Judge
COLLEEN DUFFY KIKO, Judge

On July 27, 2010 appellant, through his representative, filed a timely appeal from the March 22, 2010 merit decision of the Office of Workers’ Compensation Programs, which determined his wage-earning capacity from actual wages and which reduced his wage-loss compensation accordingly. The Office mailed its decision to appellant and to the employing establishment.1

The Board has duly considered the matter and finds that the Office’s March 22, 2010 decision must be set aside. Office regulations require that a copy of the Office decision be sent to the authorized representative.2

Appellant designated his representative before the Office on June 27, 2008. The Office received the authorization on July 3, 2008 and acknowledged it that same day. Because the record does not show that the Office mailed a copy of its March 22, 2010 decision to appellant’s

1
On January 12, 2007 appellant, a 54-year-old letter carrier, injured his left leg in the performance of duty when he slipped on a patch of ice and fell. The Office accepted his claim for a closed fracture of the left tibia, unspecified. 2 Travis L. Chambers, 55 ECAB 138 (2003), reaff’d on recon., with technical corrections, November 4, 2003; 20 C.F.R. § 10.127. authorized representative, the decision reducing appellant’s compensation was not properly issued. Accordingly,

IT IS HEREBY ORDERED THAT the March 22, 2010 decision of the Office of Workers’ Compensation Programs is set aside and the case remanded for appropriate action.

Issued: May 12, 2011
Washington, DC

Richard J. Daschbach, Chief Judge
Employees’ Compensation Appeals Board

Alec J. Koromilas, Judge
Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

2