V.C. and U.S. Postal Service, Post Office, Birmingham, AL (Board decision, August 19, 2016)

ECAB remand decision. The Board set aside OWCP’s February 8, 2016 denial and directed it to review evidence received before that decision. Whether V.C. is entitled to compensation for the claimed period 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

V.C. sought compensation for September 9 through October 28, 2015. OWCP denied the claim, saying V.C. had not supplied the requested medical evidence. The Board found that a physician’s report and physical therapy records had reached OWCP before it issued the denial, but OWCP had not considered them. It set aside the decision and instructed OWCP to review the evidence and make a new decision after any needed development.

Decision snapshot

• Authority: OWCP’s duty to address relevant evidence before its decision; Board decision finality under 20 C.F.R. § 501.6(d).
• Outcome: February 8, 2016 compensation denial set aside; claim remanded for a new decision.
• Key point: OWCP had received medical records before denying the claim but had not evaluated them.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
V.C., Appellant
)
)
and ) Docket No. 16-0694
) Issued: August 19, 2016
U.S. POSTAL SERVICE, POST OFFICE,
)
Birmingham, AL, 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 February 24, 2016 appellant, filed a timely appeal from a February 8, 2016 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.

By decision dated February 8, 2016, OWCP denied appellant’s claim for compensation (Form CA-7) for the period September 9 through October 28, 2015. It advised that appellant had not responded to its December 28, 2015 letter requesting additional medical evidence supporting the claim. The Board finds that, in denying appellant’s claim for compensation, OWCP failed to consider evidence that had been submitted by appellant including an October 9, 2015 report from Dr. Joneice Toney Morgan and physical therapy reports which were received on January 14, 2016 prior to the issuance of the February 8, 2016 decision. OWCP failed to evaluate this evidence of record in its February 8, 2016 decision.

Because Board decisions are final with regard to the subject matter appealed,1 it is crucial that OWCP address all relevant evidence received prior to the issuance of its final decision.2 As

1
20 C.F.R. § 501.6(d).
2
See William A. Couch, 41 ECAB 548, 553 (1990).
OWCP did not review any relevant evidence, the Board finds that this case is not in posture for decision.3 On remand, OWCP shall review all evidence of record and, following any further development of the medical evidence deemed necessary, it shall issue a de novo decision on appellant’s claim.

IT IS HEREBY ORDERED THAT the February 8, 2016 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further action consistent with this order of the Board.

Issued: August 19, 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

3
See H.H., Docket No. 14-1985 (issued June 26, 2015).

2