R.W. and U.S. Postal Service, Tampa, FL (Board decision, October 22, 2014)

ECAB remand decision. The Board set aside OWCP’s April 15, 2014 decision and returned R.W.’s shoulder injury claim for consideration of a medical report received before that decision. Whether her shoulder condition was caused by her work 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

R.W. claimed that her Postal Service duties caused a left shoulder condition. After OWCP denied the claim, she requested a hearing and submitted a new report from her osteopath. OWCP received the report four days before its hearing representative affirmed the denial, but the representative did not address it. The Board held that OWCP had to consider all evidence received before its decision, set aside the ruling, and ordered a new merits decision.

Decision snapshot

• Authority: William A. Couch, 41 ECAB 548 (1990), on evidence received before a decision.
• Outcome: April 15, 2014 shoulder claim denial set aside; case remanded for review of the medical report.
• Key point: OWCP must consider a medical report it received before issuing its decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
)
R.W., Appellant
)
) Docket No. 14-1202
and ) Issued: October 22, 2014
)
U.S. POSTAL SERVICE, POSTAL SERVICE,
)
Tampa, FL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Lenin Perez, for the appellant
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
CHRISTOPHER J. GODFREY, Chief Judge
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On April 29, 2014 appellant filed an application for review of an April 15, 2014 merit decision of the Office of Workers’ Compensation Programs (OWCP).

The Board has duly considered the matter and finds that the case is not in posture for a decision and must be remanded to OWCP. In the case of William A. Couch,1 the Board held that when adjudicating a claim, OWCP is obligated to consider all evidence properly submitted by a claimant and received by OWCP before the final decision is issued. Following the July 26, 2013 decision that denied appellant’s claim for a left shoulder injury because she failed to establish a causal relationship between her left shoulder condition and her employment duties, appellant’s representative requested an oral hearing. Following the hearing, appellant submitted a new April 10, 2014 report from Dr. Robert R. Reppy, an osteopath. OWCP received this report on April 11, 2014. In an April 15, 2014 decision, OWCP’s hearing representative affirmed the July 26, 2013 decision denying appellant’s claim for a left shoulder condition. The hearing representative referenced the medical evidence OWCP had received following the hearing, but he did not reference the April 10, 2014 report from Dr. Reppy. It is clear that the new evidence had not been reviewed.

1
41 ECAB 548 (1990).
 For this reason, the case will be remanded to OWCP to enable it to properly consider all the evidence submitted prior to the issuance of the April 15, 2014 decision. Following this and such further development as OWCP deems necessary, it shall issue an appropriate merit decision.

IT IS HEREBY ORDERED THAT the April 15, 2014 decision of the Office of Workers’ Compensation Programs set aside. The case record is remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: October 22, 2014
Washington, DC

Christopher J. Godfrey, Chief Judge
Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

2