W.B. and Department of Interior, Redwood National Park, Orick, CA (Board decision, May 22, 2020)

ECAB remand decision. The Board set aside OWCP’s May 9, 2019 decision and remanded the case. OWCP must properly serve claim documents and develop the claim. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

W.B. claimed injuries from a basketball game held on a workday evening. The Board found that the record did not show proper service of documents used to develop and adjudicate his claim. It set aside OWCP’s decision and directed proper claim development and service before a new decision.

Decision snapshot

• Authority: Proper service of claim development and adjudication documents.
• Outcome: May 9, 2019 decision set aside and remanded.
• Key point: A claim could not be adjudicated without proper service of the development materials.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.B., Appellant
)
)
and ) Docket No. 19-1444
) Issued: May 22, 2020
DEPARTMENT OF INTERIOR, REDWOOD
)
NATIONAL PARK, Orick, CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
ALEC J. KOROMILAS, Chief Judge
CHRISTOPHER J. GODFREY, Deputy Chief Judge PATRICIA H. FITZGERALD, Alternate Judge

On June 17, 2019 appellant filed a timely appeal from a May 9, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket 19-1444.

On August 1, 2018 appellant, then a 26-year-old forestry aid, filed a traumatic injury claim (Form CA-1) alleging that in August 2010 he sustained multiple injuries while playing in a basketball game scheduled on a regular workday evening while in the performance of duty. The record as presented to the Board establishes that appellant has not been properly served with any documents in the development or adjudication of his claim. Therefore, the case shall be remanded for proper claim development and service of all documentation regarding the adjudication of the claim.

Accordingly, the May 9, 2019 decision shall be set aside and the case remanded for further development to provide appellant an opportunity to cure the deficiencies in his claim.1 Following this and any other such further development as deemed necessary, OWCP shall issue a de novo decision.

1
See G.A., Docket No. 18-0266 (issued February 25, 2019).
 IT IS HEREBY ORDERED THAT the May 9, 2019 decision of the Office of Workers’ Compensation Programs is set aside and the case is remanded for further action consistent with this order of the Board.

Issued: May 22, 2020
Washington, DC

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

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

Patricia H. Fitzgerald, Alternate Judge
Employees’ Compensation Appeals Board

2