United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

D.L., Appellant 

and 

DEPARTMENT OF AGRICULTURE, 

NATIONAL AGRICULTURAL STATISTICAL 

SERVICE, Washington, DC, Employer 

__________________________________________ 

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Docket No. 15-0272 

Issued: August 21, 2015 

Appearances: Case Submitted on the Record

Archie Lyons, for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

On November 18, 2014 appellant filed an application for review of an Office of Workers’ 

Compensation Programs (OWCP) decision dated August 25, 2014, which denied her claim for 

an additional schedule award. 

 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 the case of William A. Couch,1

 the Board held that 

when adjudicating a claim, OWCP is obligated to consider all evidence properly submitted by a 

claimant and received by OWCP before the final decision is issued. Following a November 30, 

2010 decision, which denied appellant’s claim for an additional schedule award, appellant filed 

another claim for a schedule award on February 7, 2014 and submitted additional medical 

evidence.2 This included a July 24, 2014 report from Dr. Daniel R. Ignacio, a Board-certified 

physiatrist. In the July 24, 2014 report, Dr. Ignacio responded to OWCP’s June 24, 2014 letter 

 1

 41 ECAB 548 (1990). 

2

 OWCP accepted appellant’s claim for contusion of the right elbow and forearm, bilateral carpal tunnel 

syndrome, bilateral subacute thyroiditis, other tenosynovitis of the bilateral hand and wrist. Appellant was 

previously granted a schedule award for 16 percent impairment of the right arm and 12 percent impairment of the 

left arm. 
2

asking appellant submit medical evidence in support of her claim. He disagreed with an OWCP 

medical adviser’s assessment of permanent impairment. Dr. Ignacio explained how his rating 

was based upon particular provisions of the American Medical Association, Guides to the 

Evaluation of Permanent Impairment (A.M.A., Guides).3

 OWCP received this report on 

August 8 and again on August 15, 2014. In the August 25, 2014 decision, it denied appellant’s 

claim for an additional schedule award on the basis of the medical adviser’s reports dated 

February 14, May 30 and August 13, 2014 which found that Dr. Ignacio had not properly used 

the A.M.A., Guides. OWCP noted receiving reports from Dr. Ignacio dated July 8, October 9 

and 29, December 16, 2013, April 4 and August 13, 2014. It did not note receipt or 

consideration of Dr. Ignacio’s July 24, 2014 report. 

The Board finds that OWCP, in its August 25, 2014 decision, did not review the report 

from Dr. Ignacio dated July 24, 2014 that was received by OWCP on August 8 and 15, 2014. 

For this reason, the case will be remanded to OWCP to enable it to properly consider all the 

evidence submitted at the time of the August 25, 2014 decision. Following such further 

development as OWCP deems necessary, it shall issue an appropriate merit decision on the 

claim. 

IT IS HEREBY ORDERED THAT the August 25, 2014 decision of the Office of 

Workers’ Compensation Programs be set aside and the case remanded to OWCP for further 

proceedings consistent with this order. 

Issued: August 21, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 3

 A.M.A., Guides (6th ed. 2008).