R.F. and U.S. Postal Service, Post Office, Washington, DC (Board decision, March 10, 2016)

ECAB remand decision. The Board set aside OWCP’s injury claim denial and remanded for a new decision after consideration of all timely received evidence. The underlying claim 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.F., a postal employee, sought review of OWCP’s denial of a left shoulder and elbow injury claim. She submitted medical reports that OWCP received on the same day it issued its decision. The Board found that OWCP had not considered those reports even though they were received before the decision. It set aside the denial and directed OWCP to review all the evidence and issue a new decision.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq..
• Outcome: OWCP’s September 30, 2015 denial set aside and remanded for a new decision.
• Key point: OWCP had to consider medical evidence received on the day it decided the claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.F., Appellant
)
)
and ) Docket No. 16-0233
) Issued: March 10, 2016
U.S. POSTAL SERVICE, POST OFFICE,
)
Washington, DC, 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 November 19, 2015 appellant filed a timely application for review from a September 30, 2015 merit decision of the Office of Workers’ Compensation Programs (OWCP) which denied her claim for a traumatic injury (Form CA-1).

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. In this case, appellant filed a Form CA-1 alleging that she sustained left shoulder and left elbow injuries on May 26, 2015 while in the performance of duty and submitted medical reports dated May 27 to July 6, 2015. In an August 27, 2015 letter, OWCP notified appellant of the deficiencies of her claim and requested additional medical evidence from her and the employing establishment. It afforded her 30 days to submit the requested evidence. In response, appellant submitted medical reports received by OWCP on September 30, 2015 which addressed her claimed injuries, work capacity, and physical restrictions. This included medical evidence from physicians.

1
41 ECAB 548 (1990).
In a September 30, 2015 decision, OWCP denied appellant’s claim as the medical evidence did not establish a causal relationship between her left shoulder and left elbow conditions, and the accepted employment incident. It explained that medical evidence in the claim was from a physician assistant, nurse practitioner, or physical therapists who were not physicians as defined by FECA. OWCP noted that no further evidence was received in response to its August 27, 2015 request for additional medical evidence.

The Board finds that OWCP, in its September 30, 2015 decision, did not review the medical records appellant submitted that were received on the same date as its decision.2 In that submission, appellant provided a response to OWCP’s request for medical evidence regarding her claim. 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 September 30, 2015 decision. Following such further development as OWCP deems necessary, it shall issue a de novo decision on appellant’s claim.

IT IS HEREBY ORDERED THAT the September 30, 2015 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: March 10, 2016
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
See M.B., Docket No. 09-17 (issued September 23, 2009); Yvette N. Davis, 55 ECAB 475 (2004); Linda Johnson, 45 ECAB 439, 440 (1994) (evidence received the same day on which OWCP issues its final decision must be considered).

2