United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.E., Appellant 

and 

DEPARTMENT OF THE TREASURY, 

INTERNAL REVENUE SERVICE, 

Phoenix, AZ, Employer 

__________________________________________ 

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Docket No. 13-1571 

Issued: May 6, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

ALEC J. KOROMILAS, Alternate Judge 

 On June 20, 2013 appellant filed a timely application for review of the March 4, 2013 

merit decision of the Office of Workers’ Compensation Programs (OWCP) denying her 

traumatic injury claim. The Board docketed the appeal as No. 13-1571. 

The Board, having duly considered the matter, notes that on December 11, 2012 

appellant, then a 60-year-old tax examining assistant, stated that on November 15, 2012 she 

sustained traumatic injuries to her buttocks, lower back and left hip area when, while sitting in 

her chair at her computer, she dropped something and that when she reached down to pick it up 

her chair went out from underneath her and she landed on her left buttocks, lower back and hip. 

By letter dated February 1, 2013, OWCP informed appellant that further information was 

needed to support her claim and it provided her 30 days to submit such evidence. On March 4, 

2013 appellant submitted a February 20, 2013 form report wherein Dr. Donald Cunningham, an 

osteopath, indicated that on that date he treated appellant for lumbar spinal pain and left hip pain. 

In a progress report from the same examination, Dr. Cunningham noted that appellant was being 

seen for a new injury and noted that a chair slid out from under her at work on November 15, 

2012 and that she fell and landed on her buttocks and left hip. Appellant completed a portion of 

this form describing the February 20, 2013 work incident. On March 4, 2013 she also submitted 
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results of February 20, 2013 imaging reports. Dr. William R. Hearter, a Board-certified 

radiologist, determined that the radiological examination of the left hip was a normal 

examination and Dr. Sandra R. Schimel, a Board-certified radiologist, found degenerative 

changes of the lumbar spine with slight interval progression. 

By decision dated March 4, 2013, OWCP denied appellant’s claim for the reason that she 

had not established that the event occurred as described. It also noted that appellant had not 

submitted medical evidence that established a medical diagnosis in connection with the alleged 

incident. 

The Board notes that, although OWCP indicated in its March 4, 2013 decision that no 

medical evidence had been received, the case record substantiates that OWCP received medical 

reports on the date of the March 4, 2013 decision that were not reviewed in the decision. 

Whether OWCP receives relevant evidence on the date of the decision or several days before, 

such evidence must be considered.1

 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.2

 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.3

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

2 See Yvette N. Davis, 55 ECAB 475 (2004); see also William A. Couch, 41 ECAB 548 (1990) (OWCP did not 

consider new evidence received four days prior to the date of its decision). 

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 The record contains a July 3, 2013 decision wherein OWCP reviewed appellant’s case on the written record. 

The hearing representative determined that appellant had established an employment incident. However, after 

reviewing the medical evidence, OWCP determined that appellant had not met her burden of proof in establishing 

that any diagnosed condition was causally related to the accepted incident. Accordingly, OWCP affirmed the 

March 4, 2013 as modified. The Board and OWCP cannot simultaneously exercise jurisdiction over the same issue. 

See 20 C.F.R. § 501.2(c)(3). An OWCP decision issued while the Board has jurisdiction over the matter in dispute 

is null and void. See Lawrence Sherman, 55 ECAB 35 (2004); Russell E. Lerman, 43 ECAB 770 (1992); 

Douglas E. Billings, 41 ECAB 880 (1990). Because OWCP issued its July 3, 2013 decision after the Board had 

obtained jurisdiction, that decision is null and void. 
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IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated March 4, 2013 is set aside and this case is remanded for further 

action consistent with this order of the Board.

Issued: May 6, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board