United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

D.G., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Minneapolis, MN, Employer 

__________________________________________ 

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Docket No. 15-0723 

Issued: July 29, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On February 2, 2015 appellant filed an application for review, from a December 12, 2014 

decision of the Office of Workers’ Compensation Programs (OWCP) which denied appellant’s 

claim for a traumatic injury. 

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

 After 

appellant filed his traumatic injury claim, OWCP advised him on November 13, 2014 of the type 

of evidence needed to establish his claim. He was provided 30 days to submit the additional 

evidence. In response, on November 25, 2014 and received by OWCP on December 12, 2014 

appellant submitted a June 23, 2014 emergency room treatment report and a November 25, 2014 

attending physician’s report, prepared by Dr. Emily Binstadt, a Board-certified emergency 

 1

 41 ECAB 548 (1990). 

2 Linda Johnson, 45 ECAB 439 (1994). 
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physician. In its December 12, 2014 decision, OWCP denied appellant’s claim because he had 

failed to submit any medical evidence to establish causal relationship. 

The Board finds that OWCP, in its December 12, 2014 decision, did not review all the 

evidence of record at the time it issued the decision to deny appellant’s claim.3

 Accordingly, the 

case will be remanded to permit OWCP to review all of the evidence. Following this and any 

further development deemed necessary, OWCP shall issue an appropriate merit decision on 

appellant’s claim. 

IT IS HEREBY ORDERED THAT the December 12, 2014 decision of the Office of 

Workers’ Compensation Programs is set aside. The case is remanded to OWCP for further 

action consistent with this order of the Board. 

Issued: July 29, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 3

 The Board notes that OWCP did not follow its regulations which require that OWCP advise a claimant of the 

additional evidence needed to support his claim and allow 30 days in which to submit such evidence. In this case, 

OWCP’s November 13, 2014 letter advised appellant of the type of evidence needed to establish his claim and 

allowed his 30 days in which to respond. OWCP’s December 12, 2014 decision was issued prior to the end of the 

30-day period. See 20 C.F.R. § 10.121; J.V., Docket No. 13-295 (issued April 17, 2013).