R.C. and Department of Homeland Security, U.S. Citizenship & Immigration Services, New York, NY (Board decision, November 24, 2015)

ECAB remand decision. The Board set aside OWCP’s January 23 and June 11, 2015 decisions and returned R.C.’s injury claim for review of evidence OWCP had received before its initial decision. OWCP must issue a new merit decision; this order does not decide the injury claim. 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.C. filed a traumatic injury claim after reporting an assault by a coworker. OWCP denied the claim, stating that she had not answered questions about the events leading up to it. The Board found that OWCP had received her factual statement the day before issuing that denial but had not reviewed it. It set aside OWCP’s decisions and directed the agency to consider the statement and issue a new merit decision.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.; the Board’s cited rule requiring OWCP to review timely submitted evidence.
• Outcome: January 23 and June 11, 2015 OWCP decisions set aside and remanded.
• Key point: OWCP had to consider a claimant’s statement received before its decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.C., Appellant
)
)
and ) Docket No. 15-1599
) Issued: November 24, 2015
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. CITIZENSHIP & IMMIGRATION
)
SERVICES, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge

On July 22, 2015 appellant filed an application for review of a January 23, 2015 merit decision and a June 11, 2015 nonmerit 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. Appellant filed a traumatic injury claim alleging that she was assaulted by a coworker. In letters dated December 23, 2014, OWCP requested additional factual and medical evidence addressing the traumatic injury claim from appellant and the employing establishment. Appellant responded with a series of medical reports and an undated factual statement received by OWCP on January 22, 2015. By decision dated January 23, 2015, OWCP denied her claim because she had not responded to the factual questions posed by OWCP on December 23, 2014. It stated that appellant had not described the events immediately preceding or leading up to the assault and had not stated whether there was any animosity between she and her assailant.

1
41 ECAB 548 (1990).
 The Board finds that OWCP had not reviewed appellant’s undated factual statement received on January 22, 2015 prior to issuing its January 23, 2015 decision. For this reason, the case will be remanded to OWCP to enable it to properly consider all the evidence submitted at the time of the January 23, 2015 decision. Following such further development as OWCP deems necessary, it shall issue an appropriate merit decision on the claim.

IT IS HEREBY ORDERED THAT the June 11 and January 23, 2015 decisions of the Office of Workers’ Compensation Programs are set aside and the case is remanded to OWCP for further proceeding consistent with the order.

Issued: November 24, 2015
Washington, DC

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

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

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

2