United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.C., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

North Metro, GA, Employer 

__________________________________________ 

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Docket No. 14-1998 

Issued: March 11, 2015 

Appearances: Case Submitted on the Record

Martin Kaplin, Esq., for the appellant 

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 17, 2014 appellant, through her attorney, filed an application for review of 

an August 7, 2014 Office of Workers’ Compensation Programs’ (OWCP) decision which denied 

modification of the November 21, 2013 decision, finding that she did not sustain an injury as 

alleged.1 

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,

2

 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. In this case, in a decision 

dated August 7, 2014, OWCP denied modification of the November 21, 2013 decision, which 

denied her claim for an occupational disease. In a letter dated July 8, 2014, counsel requested 

 1

 On April 30, 2013 appellant, a city carrier, filed a traumatic injury claim alleging that on that date she sustained 

a muscle strain or pull due to lifting, pushing, and pulling at work. The employing establishment controverted the 

claim and noted that she “admits she has no idea when this happened.” By decision dated June 25, 2013, OWCP 

denied appellant’s claim finding that the evidence did not demonstrate that a specific event, incident, or exposure 

occurred at the time, place, and in the manner alleged. It noted that she alleged that she did a lot of lifting, pushing, 

and pulling but she did not explain how her injury occurred. By decision dated November 21, 2013, an OWCP 

hearing representative affirmed the June 25, 2013 decision. 

2

 41 ECAB 548 (1990). 
2

reconsideration and submitted additional evidence that included a May 28, 2014 report from a 

physician. Appellant also provided an undated statement received on that date in which she 

provided additional factual information about her job duties. In its August 7, 2014 decision, 

OWCP denied her reconsideration request on the grounds that the evidence was not sufficient to 

modify the November 21, 2013 decision. 

The Board finds that OWCP, in its August 7, 2014 decision, did not review the undated 

statement from appellant describing her job duties which was received on July 8, 2014. OWCP 

specifically noted that the evidence received from appellant included counsel’s letter dated 

July 8, 2014 and a May 28, 2014 report from a physician. It explained that she failed to respond 

to OWCP’s May 15, 2013 request for additional information and her claim was denied. 

However, appellant provided additional factual information relevant to her duties in statement 

received on July 8, 2014 but OWCP did not consider this evidence. 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 7, 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 7, 2014 decision of OWCP is set aside. 

The case record is remanded to OWCP for further proceedings consistent with this order of the 

Board. 

Issued: March 11, 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