United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.R., Appellant 

and 

U.S. POSTAL SERVICE, BAY VALLEY 

PERFORMANCE CLUSTER, Oakland, CA, 

Employer 

__________________________________________ 

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Docket No. 14-1715 

Issued: February 3, 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 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On September 15, 2014 appellant filed a timely appeal from a July 3, 2014 decision of 

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

No. 14-1715. By its July 3, 2014 decision, OWCP found that appellant was at fault in the 

creation of an overpayment in the amount of $2,583.39 as she received both compensation and 

retirement benefits during the period December 14, 2013 through February 8, 2014. Pursuant to 

the Federal Employees’ Compensation Act1

 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 it before the final decision is issued. By letter 

dated May 28, 2014, appellant disagreed that she was at fault in the creation of any overpayment. 

She stated that she had elected OPM benefits in December 2013, but that OWCP continued to 

deposit payments into her bank account, despite her submission of an election form and multiple 

 1

 5 U.S.C. § 8101 et seq. 

2

 41 ECAB 548 (1990). 
2

telephone conversations with OWCP. Appellant also submitted financial information with her 

letter. 

 In its July 3, 2014 decision, OWCP found that appellant was at fault in the creation of an 

overpayment in the amount of $2,583.39. It noted that “You did not submit a response to the 

preliminary decision dated May 7, 2014.” However, appellant’s response by letter dated 

May 28, 2014 was received on June 2, 2014. 

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

record is clear that appellant’s response to the preliminary overpayment decision was not 

reviewed before the issuance of its July 3, 2014 decision. Whether it 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 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 July 3, 2014 is set aside and the case remanded for further action 

consistent with this order of the Board. 

Issued: February 3, 2015 

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).