K.L. and Department of Veterans Affairs, Veterans Health Administration, New York, NY (Board decision, October 24, 2014)

ECAB remand decision. The Board set aside OWCP’s March 25, 2014 traumatic injury denial and returned K.L.’s claim for review of a medical report received before that decision. Whether the injury claim is compensable remains unresolved. Under 20 C.F.R. § 501.6(d), this Board order becomes final as to the appealed denial 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

K.L., a Veterans Health Administration employee, appealed OWCP’s denial of a claimed traumatic injury. OWCP said the record lacked a medical diagnosis connected to the reported November 2013 event. The Board found that OWCP had received a physician’s report the day before issuing its decision but had not reviewed it. It held that OWCP must consider relevant evidence submitted before a final decision. The Board set aside the denial and directed OWCP to review the report, develop the record as needed, and issue a new decision.

Decision snapshot

• Authority: FECA, 5 U.S.C. § 8101 et seq., injury claims and Board review.
• Outcome: March 25, 2014 injury denial set aside; case remanded for review of timely submitted evidence.
• Key point: OWCP had to consider the physician’s report received before it denied the claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.L., Appellant
)
)
and ) Docket No. 14-1218
) Issued: October 24, 2014
DEPARTMENT OF VETERANS AFFAIRS,
)
VETERANS HEALTH ADMINISTRATION,
)
New York, NY, Employer
)
__________ )

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

ORDER REMANDING CASE

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

On May 1, 2014 appellant filed a timely appeal from a March 25, 2014 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Board docketed the appeal as No. 14-1218. By its March 25, 2014 decision, OWCP denied appellant’s claim for traumatic injury. Pursuant to the Federal Employees’ Compensation Act1 (FECA) and 20 C.F.R.
§§ 501.2(c) and 501.3, the Board has jurisdiction over the merits of this case.

The Board has duly considered the matter and notes that, in the case of William A.
Couch,2 it 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. In a letter dated March 12, 2014, received by OWCP on March 24, 2014, a report of Dr. Nazar H. Haidri, Board-certified in psychiatry and neurology, was received

By decision dated March 25, 2014, OWCP denied appellant’s claim on the grounds that he had not submitted any medical evidence containing a diagnosis in connection with the

1
5 U.S.C. § 8101 et seq.
2
41 ECAB 548 (1990). traumatic event of November 8, 2013. OWCP indicated that the most recent medical report received after issuance of its development letter was dated February 6, 2014.

While OWCP is not required to list every piece of evidence submitted to the record, the record is clear that Dr. Haidri’s letter dated March 12, 2014 and received on March 24, 2014 was not reviewed in its decision. Whether OWCP receives relevant evidence on the date of the decision or several days before, such evidence must be considered.3 As the Board’s decisions are final as to the subject matter appealed, it is crucial that all evidence relevant to the subject matter of the claim properly submitted to OWCP be reviewed and addressed.4 Accordingly, the case is remanded for a proper review of the evidence and, following any necessary further development, the issuance of an appropriate final decision.

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ Compensation Programs dated March 25, 2014 is set aside and the case remanded for further action consistent with this order of the Board.

Issued: October 24, 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

3
J.I., Docket No. 12-1062 (issued December 12, 2012); William McKennon, 51 ECAB 145 (1999).
4
See Yvette N. Davis, 55 ECAB 475 (2004).

2