United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.K., Appellant 

and 

DEPARTMENT OF HEALTH & HUMAN 

SERVICES, GALLUP INDIAN MEDICAL 

CENTER, Gallup, NM, Employer 

__________________________________________ 

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Docket No. 15-1662 

Issued: December 2, 2015 

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 August 3, 2015 appellant filed an application for review, from a May 19, 2015 

decision of the Office of Workers’ Compensation Programs (OWCP) which rescinded 

acceptance of her traumatic injury claim. 

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 William A. Couch,

1

 the Board held that, when 

adjudicating a claim, OWCP is obligated to consider all evidence properly submitted by 

appellant and received before the final decision is issued. The Couch principle applies with 

equal force when evidence is received by OWCP the same day a final decision is issued.2

 In this 

case, after OWCP accepted appellant’s traumatic injury claim for a right hand sprain, it advised 

her on April 13, 2015 of its proposal to rescind the acceptance of her claim and terminate her 

wage-loss compensation and medical benefits. OWCP found that the factual evidence had not 

established that she actually experienced the incident or employment factor alleged to have 

caused her injury and the medical evidence failed to establish a medical condition causally 

 1

 41 ECAB 548 (1990). 

2 Linda Johnson, 45 ECAB 439 (1994). 
2

related to the mechanism of injury. Appellant was allowed 30 days to submit additional 

evidence or argument. In response, she submitted medical records dated March 27 to June 20, 

2014 and a December 22, 2014 letter, received by OWCP on May 19, 2015. In a May 19, 2015 

decision, OWCP rescinded its acceptance of appellant’s claim and terminated her entitlement to 

benefits effective February 4, 2015, finding that she had not submitted any factual or medical 

evidence. 

The Board finds that OWCP, in its May 19, 2015 rescission decision, did not review all 

the evidence received in the case. In that submission, appellant provided factual and medical 

information in response to OWCP’s notice of proposed rescission of her claim. Accordingly, the 

case will be remanded to OWCP to enable it to properly consider all the evidence submitted at 

the time of the May 19, 2015 decision. Following such further development as OWCP deems 

necessary, it shall issue an appropriate merit decision on appellant’s claim. 

IT IS HEREBY ORDERED THAT the May 19, 2015 decision of the Office of 

Workers’ Compensation Programs be set aside and the case remanded to OWCP for further 

proceedings consistent with this order. 

Issued: December 2, 2015 

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