United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.B., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Dowagiac, MI, Employer 

__________________________________________ 

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Docket No. 14-237 

Issued: May 6, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

MICHAEL E. GROOM, Alternate Judge 

On November 8, 2013 appellant filed an application for review of an Office of Workers’ 

Compensation Programs’ (OWCP) decision dated October 16, 2013 which denied modification 

of a decision terminating her compensation benefits. 

 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. Following an April 26, 2013 

decision that denied modification of a January 16, 2013 decision terminating appellant’s 

compensation benefits,2

 appellant’s representative, requested reconsideration on July 25, 2013. 

Appellant submitted a July 22, 2013 report from Dr. Ward who had treated her since 2010. 

Dr. Ward opined that she should remain out of work until after her cervical spine surgery was 

performed. He noted that appellant had a long-standing history of right C6 radiculopathy. 

Dr. Ward advised that he previously released her to work because she requested a release to 

 1

 41 ECAB 548 (1990). 

2

 The January 16, 2013 decision found that appellant’s physician, Dr. Robert Ward, an osteopath who opined that 

appellant could return to work without restrictions, represented the weight of the evidence. 
2

return to work without restrictions to try and keep her job. However, he noted that appellant was 

unable to perform in that capacity and he returned her to work with restrictions. Dr. Ward noted 

her most recent magnetic resonance imaging scan findings and that another physician 

recommended neurosurgery. He noted these findings were consistent with appellant’s original 

complaints of two years ago. This report was received by OWCP on July 25, 2013. In its 

October 16, 2013 decision, OWCP denied modification of the January 16, 2013 decision. It 

noted receipt of appellant’s reconsideration request and addressed evidence from Dr. Sonia Eden, 

reports of injections and physical therapy reports, but it did not consider the July 22, 2013 report 

from Dr. Ward. 

The Board finds that OWCP did not review the July 22, 2013 report from Dr. Ward that 

was received on July 25, 2013.3

 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 October 16, 2013 decision. 

Following such further development as OWCP deems necessary, it shall issue an appropriate 

decision on the reconsideration request. 

IT IS HEREBY ORDERED THAT the October 16, 2013 decision of the Office of 

Workers’ Compensation Programs is set aside and the case record is remanded to OWCP for 

further proceedings consistent with this order of the Board. 

Issued: May 6, 2014 

Washington, DC 

 

 Richard J. Daschbach, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 Michael E. Groom, Alternate Judge 

 Employees’ Compensation Appeals Board 

 3 See Linda Johnson, 45 ECAB 439, 440 (1994) (where the Board held that it is necessary that OWCP review all 

evidence submitted by a claimant and received by OWCP prior to issuance of its final decision).