V.P. and Federal Judiciary, U.S. Bankruptcy Court, Atlanta, GA (Board decision, February 16, 2018)

ECAB final decision. The Board set aside OWCP’s March 8, 2017 decision and remanded for record reconstruction. 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

V.P. appealed OWCP’s refusal to change an earlier wage-earning capacity decision. The Board found that the transmitted case record lacked the initial decision accepting her hand conditions and other facts needed to assess the appeal. It could not decide the dispute on that incomplete record. The Board set aside OWCP’s decision and ordered reconstruction of the file and a new decision.

Decision snapshot

• Authority: 20 C.F.R. § 501.2(c).
• Outcome: March 8, 2017 decision set aside; record reconstruction and new decision ordered.
• Key point: A missing acceptance decision prevented an informed review of the wage-earning capacity dispute.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
V.P., Appellant
)
)
and ) Docket No. 17-1196
) Issued: February 16, 2018
FEDERAL JUDICIARY, U.S. BANKRUPTCY
)
COURT, Atlanta, GA, 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 ALEC J. KOROMILAS, Alternate Judge

On May 10, 2017 appellant filed a timely appeal from a March 8, 2017 merit decision of the Office of Workers’ Compensation Programs (OWCP), finding that she had not met her burden of proof to modify a loss of wage-earning capacity decision dated August 17, 2016. This appeal was docketed as No. 17-1196.

The Board, having duly considered the matter, concludes that the case is not in posture for decision. The current record is incomplete. Evidence necessary for the adjudication of this claim, including the initial decision accepting appellant’s claim for bilateral hand sprain and bilateral carpal tunnel syndrome cannot be located in the case record. Subsequent decisions fail to provide essential facts of this case, including the date of acceptance of appellant’s claim.

Section 501.2(c) of the Board’s Rules of Procedure,1 provides that the Board has jurisdiction “to consider and decide appeals from the final decision of OWCP in any case arising under the [Federal Employees” Compensation] Act.”2 Because the record as transmitted to the

1
20 C.F.R. § 501.2(c).
2
5 U.S.C. §§ 8101 et seq.
Board is incomplete and would not permit an informed adjudication of the case,3 the Board is unable to properly “consider and decide” appellant’s claim.

The March 8, 2017 decision of OWCP must be set aside and the case remanded to OWCP for reconstruction and proper assemblage of the case record. Following this and such further development as OWCP deems necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the March 8, 2017 decision of the Office of Workers’ Compensation Programs is set aside and the case remanded for further proceedings consistent with this order of the Board.

Issued: February 16, 2018
Washington, DC

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

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

Alec J. Koromilas, Alternate Judge
Employees’ Compensation Appeals Board

3
Victor Verenbec, Docket No. 90-1429 (1991).

2