United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.P., Appellant 

and 

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, Baton Rouge, LA, 

Employer 

__________________________________________ 

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Docket No. 15-355 

Issued: April 14, 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 

ALEC J. KOROMILAS, Alternate Judge 

On November 25, 2014 appellant filed a timely appeal of a June 24, 2014 Office of 

Workers’ Compensation Programs (OWCP) decision. The Board docketed the appeal as No. 15-

355. On June 24, 2014 OWCP found that appellant did not sustain an injury in the performance 

of duty. 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. 

Appellant, a 40-year-old transportation security officer, filed a Form CA-1 claim for 

benefits on January 12, 2012, alleging that she experienced pain in her right thumb and right 

shoulder after picking up a bag for screening. She submitted a hospital report dated January 12, 

2014 which indicated that she was treated on that date with a right thumb and right shoulder 

injury which occurred when she picked up a piece of luggage. Appellant also submitted reports 

dated January 31, February 10, March 24 and May 6, 2014 from Dr. Alan C. Schroeder, Boardcertified in orthopedic surgery. In these reports Dr. Schroeder noted appellant’s account of how 

her injury occurred on January 12, 2014, stated findings on examination, and reported that she 

had right shoulder and right thumb complaints/symptoms stemming from the January 12, 2014 

work incident. He also indicated that he took x-rays of her right shoulder and right thumb and 

diagnosed right shoulder adhesive capsulitis. 

 1

 5 U.S.C. § 8101 et seq. 
2

By decision dated June 24, 2014, OWCP denied appellant’s claim. While the decision 

mentioned that appellant had submitted the hospital report and Dr. Schroeder’s reports, it did not 

discuss or analyze the contents of these reports. In addition, OWCP did not indicate what 

anatomical region she allegedly injured or the manner in which she was allegedly injured. 

Section 20 C.F.R. § 10.126 requires OWCP to issue a decision containing findings of fact 

and a statement of reasons.2

 OWCP erred in its June 24, 2014 decision by failing to analyze 

Dr. Schroeder’s reports and provide sufficient reasons why his reports did not establish that 

appellant sustained right shoulder and/or right thumb conditions in the performance of duty. 

Further, as noted above, OWCP did not indicate the nature of appellant’s alleged injury or the 

manner in which she was allegedly injured. As it did not make the required findings or provide a 

statement of reasons in its June 24, 2014 decision, its decision was issued in error.

Accordingly, the case will be remanded to OWCP to enable it to properly consider the 

medical evidence submitted prior to the issuance of the June 24, 2014 decision, thoroughly 

evaluate the merits of appellant’s claim, make findings of fact and provide reasons for its 

decision, pursuant to the standards set forth in section 8128(a) and section 20 C.F.R. § 10.126. 

After such further development as OWCP deems necessary, it should issue an appropriate 

decision to protect appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the June 24, 2014 decision of the Office of 

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

proceedings consistent with this order of the Board. 

Issued: April 14, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 2

 20 C.F.R. § 10.126.