United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

N.A., Appellant 

and 

DEPARTMENT OF HOMELAND SECURITY, 

CUSTOMS & BORDER PROTECTION, 

Calexico, CA, Employer 

__________________________________________ 

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Docket No. 16-1298 

Issued: December 1, 2016 

Appearances: Case Submitted on the Record

Appellant, pro se 

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 June 14, 2016 appellant filed an application for review of a May 5, 2016 decision of 

the Office of Workers’ Compensation Programs (OWCP), which denied appellant’s claim for an 

emotional condition. 

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 OWCP’s April 5, 

2016 letter to appellant requesting additional evidence, including a detailed description of the 

work incidents that contributed to her claimed emotional condition, appellant submitted 

responsive factual and medical evidence. This responds to the April 5, 2016 OWCP 

questionnaire. In a May 5, 2016 statement, appellant addressed the particular matters at the 

employing establishment that gave rise to her claim. She also submitted medical reports from 

Dr. Jorge F. Robles dated March 8 to April 20, 2016, who treated appellant for stress and 

diagnosed anxiety disorder caused by harassment from her supervisors. These reports were 

received by OWCP on May 5, 2016. In its May 5, 2016 decision, OWCP denied appellant’s 

 1

 41 ECAB 548 (1990). 
2

claim for an emotional condition as appellant had not established that the alleged events 

occurred, noting that she had not responded to the April 5, 2016 development letter and 

questionnaire. It noted receiving an April 20, 2016 report from Dr. Robles, but indicated that the 

medical evidence submitted did not contain diagnoses. OWCP did not note receipt or 

consideration of appellant’s response to OWCP’s questionnaire or medical reports from 

Dr. Robles dated March 8 to 22, 2016. 

The Board finds that OWCP, in its May 5, 2016 decision, did not review appellant’s 

response to the questionnaire or the medical reports form Dr. Robles received on May 5, 2016.2

 

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 May 5, 2016 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 May 5, 2016 decision of the Office of Workers’ 

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

consistent with this order of the Board. 

Issued: December 1, 2016 

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 

 2 Supra note 1. See Linda Johnson, 45 ECAB 439 (1994) (where the case was remanded for consideration of the 

evidence received the same day as the issuance of OWCP’s decision).