United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

G.S., Appellant 

and 

DEPARTMENT OF THE NAVY, NAVAL 

STATION, Norfolk, VA, Employer 

__________________________________________ 

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Docket No. 14-1933 

Issued: November 7, 2014 

Appearances: Case Submitted on the Record

Laura A. O’Reilly, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On February 21, 2014 appellant, through his attorney, filed a timely appeal from a 

September 11, 2013 decision of the Office of Workers’ Compensation Programs (OWCP) 

denying his request for reconsideration. The Board assigned Docket No. 14-1933. 

On February 1, 2012 appellant, then a 43-year-old electrician, filed a traumatic injury 

claim alleging that he sustained traumatic stress and anxiety attacks which caused his pain levels 

to skyrocket as a result of being verbally abused by a supervisor on January 25, 2012. 

In a May 17, 2013 decision, OWCP denied appellant’s claim. It found that the evidence 

was insufficient to establish that the claimed incident occurred as alleged. 

By letter dated June 26, 2013, appellant, through his attorney, requested reconsideration. 

Counsel contended that the evidence submitted was sufficient to establish that the January 25, 

2012 incident occurred as alleged and that his emotional condition and resultant disability for 

work were caused by the alleged work incident. She detailed the facts and circumstances 

surrounding the alleged employment incident, as well as the medical evidence and explained 

why appellant had established his claim. 
2

In a September 11, 2013 decision, OWCP denied appellant’s request for reconsideration 

without a review of the merits, finding that he neither raised substantive legal questions nor 

included new and relevant evidence. 

The Board has duly considered the matter and finds that this case is not in posture for 

decision. Section 8124(a) of the Federal Employees’ Compensation Act provides that OWCP 

shall determine and make a finding of fact and make an award for or against payment of 

compensation.1

 Its regulations also state that the decision shall contain findings of fact and a 

statement of reasons.2 The reasoning behind OWCP’s evaluation should be clear enough for the 

reader to understand the precise defect of the claim and the kind of evidence which would 

overcome it.3

In its September 11, 2013 decision, OWCP did not discharge its responsibility to provide 

appellant a statement explaining the disposition so that he could understand the basis for the 

decision as well as the precise defect and the evidence needed to overcome the denial of his 

claim. The Board notes that it did not provide any discussion of the arguments appellant 

submitted in support of his reconsideration request. 

Accordingly, the case must be returned to OWCP for a proper decision which includes 

findings of fact and a clear and precise statement regarding appellant’s request for 

reconsideration on the denial of his claim for an emotional condition or why he is not entitled to 

further reconsideration. Following this and such further development as OWCP deems 

necessary, it shall issue an appropriate decision. 

 

 1

 5 U.S.C. § 8124(a); see Hubert Jones, Jr., 57 ECAB 467 (2006); Paul M. Colosi, 56 ECAB 294 (2005). 

2

 20 C.F.R. § 10.126. See also O.R., 59 ECAB 432 (2008); Teresa A. Ripley, 56 ECAB 528 (2005); M.L., Docket 

No. 09-956 (issued April 15, 2010). 

3

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Chapter 2.1400.5 (c) (February 2013). 
3

IT IS HEREBY ORDERED THAT the September 11, 2013 decision of the Office of 

Workers’ Compensation Programs’ decision is set aside and the case remanded for further action 

consistent with this order of the Board. 

Issued: November 7, 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