J.R. and Department of Defense, Defense Logistics Agency (Board decision, September 25, 2012)

ECAB remand decision. The Board set aside OWCP's June 24, 2011 decision and remanded the case for reconstruction of the missing record and a new decision. The underlying claim remains unresolved. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

J.R. appealed an OWCP decision involving a Defense Logistics Agency claim. After the Board asked OWCP to transmit the case record, OWCP reported that its physical portion could not be found. The Board said it could not decide the appeal on an incomplete record. It set aside OWCP's decision and sent the case back for the record to be assembled or reconstructed and for OWCP to issue an appropriate decision.

Decision snapshot

• Authority: Transmission of the claim record under 20 C.F.R. § 501.4.
• Outcome: June 24, 2011 decision set aside and case remanded.
• Key point: The Board could not decide the appeal without a complete case record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.R., Appellant
)
)
and ) Docket No. 11-2049
) Issued: September 25, 2012
DEPARTMENT OF DEFENSE, DEFENSE
)
LOGISTICS AGENCY, Fort Belvoir, VA 22060, )
Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
RICHARD J. DASCHBACH, Chief Judge
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On September 13, 2011 appellant filed a timely application for review of the Office of Workers’ Compensation Programs’ (OWCP) decision dated June 24, 2011. On November 2, 2011 the Board served the Director of OWCP with a copy of the application for review and requested that the Director transmit the case record to the Board in accordance with the Board’s Rules of Procedure.1 The Board has now been informed by OWCP that the physical portion of this case record cannot be located.

The Board, having duly considered the matter, finds that the appeal docketed as No. 11-2049 is not in posture for decision as the Board is unable to render a fully informed adjudication of the case. The Board, therefore, finds that the case must be remanded to OWCP for proper assemblage and reconstruction of the case record to be followed by an appropriate decision.

1
20 C.F.R. § 501.4.
IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ Compensation Programs (OWCP) dated June 24, 2011 is set aside and the case is remanded for further proceedings consistent with this order of the Board.

Issued: September 25, 2012
Washington, DC

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

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

2