United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

T.J., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Oakland, CA, Employer 

__________________________________________ 

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Docket No. 14-1854 

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 August 21, 2014 appellant filed a timely appeal from a May 30, 2014 decision of the 

Office of Workers’ Compensation Programs (OWCP). The Board docketed the appeal as No. 

14-1854. In its May 30, 2014 decision upon reconsideration, OWCP reviewed the merits of 

appellant’s claim and affirmed its prior decision of December 11, 2013. It stated that the 

additional medical evidence failed to establish a causal relationship between appellant’s 

condition and factors of his federal employment. 

The Board has duly considered the matter and notes that, in the case of William A. 

Couch1

, it 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. On 

reconsideration, appellant submitted a narrative statement and medical reports from 

Dr. Michael E. Hebrard, Board-certified in physical medicine and rehabilitation, dated 

December 17, 2013; and January 17, February 13, April 10 and 28, 2014. Each of these reports 

contained causation statements and were received before OWCP’s May 30, 2014 decision. The 

February 13, 2014 report was first received on March 3, 2014, whereas the April 10, 2014 report 

was first received on April 23, 2014 and the April 28, 2014 report was first received on 

May 7, 2014. 

 1

 41 ECAB 548 (1990). 
2

In its May 30, 2014 decision, OWCP stated, “The evidence reviewed in support of your 

reconsideration request includes the following new evidence. Along with your reconsideration 

request we received your written statement in which you give your reasons as to why you 

disagreed with the previous decision. In the statement you provided a breakdown of medical 

reports to support your contention on the issue of causal relationship. In addition you provided a 

new medical report dated January 17, 2014 from Dr. Hebrard and a medical report dated 

December 17, 2013. [OWCP] reviewed both new medical reports as new evidence from 

Dr. Hebrard.” 

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

record is clear that Dr. Hebrard’s February 13, April 10, and 28 reports were not reviewed before 

the issuance of its May 30, 2014 decision. Whether it receives relevant evidence on the date of 

the decision or several days before, such evidence must be considered.2

 In this case, each of 

these reports was received well in advance of OWCP’s May 30, 2014 decision. 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.3 

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 May 30, 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 

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

3 See Yvette N. Davis, 55 ECAB 475 (2004).