L.P. and Department of Homeland Security, Transportation Security Administration, Baton Rouge, LA (Board decision, April 14, 2015)

ECAB remand decision. The Board set aside OWCP’s June 24, 2014 denial and remanded for a reasoned decision. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

L.P., a Transportation Security Administration officer, claimed shoulder and thumb injuries after lifting luggage for screening. OWCP mentioned her medical reports but did not analyze them or adequately describe the alleged injury and how it occurred. The Board found that the denial lacked the required findings and reasons. It set aside the decision and directed OWCP to evaluate the evidence and issue a reasoned decision.

Decision snapshot

• Authority: 20 C.F.R. § 10.126, findings of fact and reasons.
• Outcome: June 24, 2014 denial set aside and remanded.
• Key point: OWCP had to analyze the submitted reports and explain its decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.P., Appellant
)
)
and ) Docket No. 15-355
) Issued: April 14, 2015
DEPARTMENT OF HOMELAND SECURITY,
)
TRANSPORTATION SECURITY
)
ADMINISTRATION, Baton Rouge, LA,
)
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
PATRICIA H. FITZGERALD, Deputy Chief Judge ALEC J. KOROMILAS, Alternate Judge

On November 25, 2014 appellant filed a timely appeal of a June 24, 2014 Office of Workers’ Compensation Programs (OWCP) decision. The Board docketed the appeal as No. 15-

355. On June 24, 2014 OWCP found that appellant did not sustain an injury in the performance
     of duty. 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.

     Appellant, a 40-year-old transportation security officer, filed a Form CA-1 claim for
     

     benefits on January 12, 2012, alleging that she experienced pain in her right thumb and right shoulder after picking up a bag for screening. She submitted a hospital report dated January 12, 2014 which indicated that she was treated on that date with a right thumb and right shoulder injury which occurred when she picked up a piece of luggage. Appellant also submitted reports dated January 31, February 10, March 24 and May 6, 2014 from Dr. Alan C. Schroeder, Board- certified in orthopedic surgery. In these reports Dr. Schroeder noted appellant’s account of how her injury occurred on January 12, 2014, stated findings on examination, and reported that she had right shoulder and right thumb complaints/symptoms stemming from the January 12, 2014 work incident. He also indicated that he took x-rays of her right shoulder and right thumb and diagnosed right shoulder adhesive capsulitis.

1
5 U.S.C. § 8101 et seq.
 By decision dated June 24, 2014, OWCP denied appellant’s claim. While the decision mentioned that appellant had submitted the hospital report and Dr. Schroeder’s reports, it did not discuss or analyze the contents of these reports. In addition, OWCP did not indicate what anatomical region she allegedly injured or the manner in which she was allegedly injured.

   Section 20 C.F.R. § 10.126 requires OWCP to issue a decision containing findings of fact

and a statement of reasons.2 OWCP erred in its June 24, 2014 decision by failing to analyze Dr. Schroeder’s reports and provide sufficient reasons why his reports did not establish that appellant sustained right shoulder and/or right thumb conditions in the performance of duty. Further, as noted above, OWCP did not indicate the nature of appellant’s alleged injury or the manner in which she was allegedly injured. As it did not make the required findings or provide a statement of reasons in its June 24, 2014 decision, its decision was issued in error.

   Accordingly, the case will be remanded to OWCP to enable it to properly consider the

medical evidence submitted prior to the issuance of the June 24, 2014 decision, thoroughly evaluate the merits of appellant’s claim, make findings of fact and provide reasons for its decision, pursuant to the standards set forth in section 8128(a) and section 20 C.F.R. § 10.126. After such further development as OWCP deems necessary, it should issue an appropriate decision to protect appellant’s appeal rights.

   IT IS HEREBY ORDERED THAT the June 24, 2014 decision of the Office of

Workers’ Compensation Programs is set aside; the case record is remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: April 14, 2015
Washington, DC

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

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge
Employees’ Compensation Appeals Board

2
20 C.F.R. § 10.126.

2