J.S. and U.S. Postal Service, Post Office, Lawrence, MA (Board decision, August 4, 2015)

ECAB final decision. The Board corrected the analysis in its July 17, 2015 decision and directed a reissue; the underlying January 8, 2015 OWCP denial remained affirmed. The Board did not decide the underlying claim on its merits. 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 of issuance unless this decision 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

The Board identified incorrect wording in the analysis of its earlier decision about J.S.'s hip condition. The erratum replaced a passage suggesting OWCP misapplied the causation standard with wording stating that OWCP applied it properly. The Board directed reissue of the corrected decision. The companion reissued decision contains the full merits analysis.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq..
• Outcome: Erratum issued; corrected decision ordered reissued, with OWCP denial affirmed.
• Key point: The correction reverses the mistaken wording about OWCP's application of the causal relationship standard.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.S., Appellant
)
)
and ) Docket No. 15-0619
) Issued: August 4, 2015
U.S. POSTAL SERVICE, POST OFFICE,
)
Lawrence, MA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Daniel B. Shapiro, Esq., for the appellant
Office of Solicitor, for the Director

ERRATUM

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge
JAMES A. HAYNES, Alternate Judge

The Board issued a decision and order in the above-entitled case on July 17, 2015 affirming a January 8, 2015 decision of the Office of Workers’ Compensation Programs. On page seven, the analysis portion of the decision and order reads as: “The Board notes that there is no indication that OWCP properly found that it was necessary in this claim for the treating physician to identify and discuss all the medical history related to appellant’s hip condition. OWCP misinterpreted or misapplied the appropriate standard of causal relationship.” It should read: The Board notes that there is no indication that OWCP misinterpreted or misapplied the appropriate standard of causal relationship. OWCP properly found that it was necessary in this claim for the treating physician to identify and discuss all of the medical history related to appellant’s hip condition. The Board will reissue the decision and order to reflect the above-noted change.

Issued: August 4, 2015
Washington, DC

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

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

James A. Haynes, Alternate Judge
Employees’ Compensation Appeals Board

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