United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

B.M., Appellant 

and 

DEPARTMENT OF THE ARMY, U.S. ARMY 

WAR COLLEGE, Carlisle Barracks, PA, 

Employer 

__________________________________________ 

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Docket No. 13-1948 

Issued: March 5, 2014 

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On August 23, 2013 appellant filed an application for review of an Office of Workers’ 

Compensation Programs (OWCP) decision dated July 22, 2013, which denied his request for 

reconsideration as it was untimely filed and did not establish clear evidence of error. 

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, 

2011 decision that denied appellant’s claim for an occupational disease on the grounds that he 

failed to submit medical evidence establishing a causal relationship between the accepted work 

events and his diagnosed condition, appellant, through counsel, requested reconsideration on 

July 15, 2013. Appellant also submitted a new February 11, 2013 medical report from 

Dr. Michael E. Darowish, an orthopedist. This report was received by OWCP on July 17, 2013. 

In its July 22, 2013 decision, OWCP denied appellant’s reconsideration request on the grounds 

that it was untimely filed and did not establish clear evidence of error. OWCP specifically noted 

 1

 41 ECAB 548 (1990). 
2

receipt of appellant’s reconsideration request and each piece of newly submitted evidence but it 

did not reference the February 11, 2013 report from Dr. Darowish. 

The Board finds that as OWCP, in its July 22, 2013 decision, did not properly review all 

the evidence in the record prior to its July 22, 2013 decision, the case will be remanded to 

OWCP to enable it to properly consider all the evidence in the record at the time of the July 22, 

2013 decision.2

 Following such review, OWCP shall issue an appropriate decision on the 

reconsideration request. 

IT IS HEREBY ORDERED THAT the July 22, 2013 decision of the Office of 

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

further proceedings consistent with this order of the Board. 

Issued: March 5, 2014 

Washington, DC 

 

 Richard J. Daschbach, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 2 See Linda Johnson, 45 ECAB 439, 440 (1994) (where the Board held that it is necessary that OWCP review all 

evidence submitted by a claimant and received by OWCP prior to issuance of its final decision).