United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.L., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS HEALTH ADMINISTRATION, 

New York, NY, Employer 

__________________________________________ 

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Docket No. 14-1218 

Issued: October 24, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On May 1, 2014 appellant filed a timely appeal from a March 25, 2014 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Board docketed the appeal as 

No. 14-1218. By its March 25, 2014 decision, OWCP denied appellant’s claim for traumatic 

injury. Pursuant to the Federal Employees’ Compensation Act1

 (FECA) and 20 C.F.R. 

§§ 501.2(c) and 501.3, the Board has jurisdiction over the merits of this case. 

The Board has duly considered the matter and notes that, in the case of William A. 

Couch,2

 it 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. In a 

letter dated March 12, 2014, received by OWCP on March 24, 2014, a report of Dr. Nazar H. 

Haidri, Board-certified in psychiatry and neurology, was received 

By decision dated March 25, 2014, OWCP denied appellant’s claim on the grounds that 

he had not submitted any medical evidence containing a diagnosis in connection with the 

 1

 5 U.S.C. § 8101 et seq. 

2

 41 ECAB 548 (1990). 
2

traumatic event of November 8, 2013. OWCP indicated that the most recent medical report 

received after issuance of its development letter was dated February 6, 2014. 

While OWCP is not required to list every piece of evidence submitted to the record, the 

record is clear that Dr. Haidri’s letter dated March 12, 2014 and received on March 24, 2014 was 

not reviewed in its decision. Whether OWCP receives relevant evidence on the date of the 

decision or several days before, such evidence must be considered.3 As the Board’s decisions 

are final as to the subject matter appealed, it is crucial that all evidence relevant to the subject 

matter of the claim properly submitted to OWCP be reviewed and addressed.4

 Accordingly, the 

case is remanded for a proper review of the evidence and, following any necessary further 

development, the issuance of an appropriate final decision. 

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated March 25, 2014 is set aside and the case remanded for further 

action consistent with this order of the Board. 

Issued: October 24, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 3 J.I., Docket No. 12-1062 (issued December 12, 2012); William McKennon, 51 ECAB 145 (1999). 

4 See Yvette N. Davis, 55 ECAB 475 (2004).