J.H. and U.S. Postal Service, Post Office, Houston, TX (Board decision, June 7, 2016)

ECAB remand decision. The Board set aside OWCP’s October 26, 2015 decision and remanded the claim for consideration of evidence already in the record. 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 unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

J.H. appealed OWCP’s denial of a traumatic injury claim. OWCP said she had supplied no medical diagnosis linked to the work event, but its decision did not address an internist’s report received before the denial. That report described the injury and offered an opinion on causation. The Board directed OWCP to consider all the evidence and issue a new merits decision.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq..
• Outcome: October 26, 2015 denial set aside; claim remanded.
• Key point: OWCP had to review the medical report it received before deciding the claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.H., Appellant
)
)
and ) Docket No. 16-0450
) Issued: June 7, 2016
U.S. POSTAL SERVICE, POST OFFICE,
)
Houston, TX, 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 January 11, 2016 appellant filed an application for review, from an October 26, 2015 decision of the Office of Workers’ Compensation Programs (OWCP) which denied her traumatic injury claim.

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 William A. Couch,1 the Board held that, when adjudicating a claim, OWCP is obligated to consider all evidence properly submitted by appellant and received before the final decision is issued.

In this case, on October 26, 2015, OWCP issued a merit decision denying appellant’s claim for a traumatic injury. It denied appellant’s claim finding that the medical evidence did not establish that appellant’s condition was related to established work-related events. OWCP specifically found that appellant had not submitted any medical evidence containing a medical diagnosis in connection with the injury and/or work-related events. It noted that appellant had been advised of the deficiencies in her claim in a September 25, 2015 letter. OWCP listed the documents it had received subsequent to the letter. However, it did not list, include, or reference an August 5, 2015 report of Dr. Shabrez Tariq, a Board-certified internist, which was received by

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41 ECAB 548, 553 (1990).
OWCP on October 13, 2015. The Board notes that Dr. Tariq described appellant’s work injury, provided results on examination, and provided an opinion on causal relationship.

The Board finds that at the time OWCP issued its October 26, 2015 decision, it had not reviewed all the evidence in the record. Although appellant had provided medical information in response to OWCP’s request for additional medical information OWCP had not reviewed all the evidence. Accordingly, the case will be remanded to OWCP to enable it to properly consider all the evidence submitted at the time of the October 26, 2015 decision. Following such further development as OWCP deems necessary, it shall issue an appropriate merit decision on appellant’s claim.

IT IS HEREBY ORDERED THAT the October 26, 2015 decision of the Office of Workers’ Compensation Programs be set aside and the case remanded to OWCP for further proceedings consistent with this order.

Issued: June 7, 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

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