United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

Y.C., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Philadelphia, PA, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 15-1302 

Issued: October 8, 2015 

Appearances: Case Submitted on the Record

Thomas R. Uliase, Esq., 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 May 22, 2015 appellant, through counsel, filed an application for review of a 

March 19, 2015 decision of the Office of Workers’ Compensation Programs (OWCP), which 

denied modification of a loss of wage-earning capacity (LWEC) determination dated 

August 15, 2011. 

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. On April 14, 2014 OWCP denied appellant’s reconsideration 

request as it was untimely filed and did not show clear evidence of error. Appellant appealed 

and the Board, in a November 21, 2014 decision,2 set aside OWCP’s decision finding that she 

had requested modification of an August 15, 2011 LWEC determination and was entitled to a 

merit review. Evidence submitted by appellant in support of her claim included a November 18, 

 1

 41 ECAB 548 (1990). 

2

 Docket No. 14-1605 (issued November 21, 2014). 
2

2014 report from Dr. Steven J. Valentino, a Board-certified orthopedic surgeon, and a 

December 11, 2014 report from Dr. Scott M. Fried, a Board-certified orthopedic surgeon. 

Dr. Fried submitted follow-up reports dated on February 10 and 12, 2015. These reports were 

received by OWCP on December 1 and 15, 2014 and February 5, 17, and 23, 2015. In its 

March 19, 2015 decision, OWCP denied modification of the LWEC determination August 15, 

2011 as the evidence presented was not sufficient to warrant modification. It noted receipt of 

“various treatment notes” but it did not note receipt or consideration of the above referenced 

reports from Dr. Valentino and Dr. Fried. 

The Board finds that OWCP, in its March 19, 2015 decision, had not reviewed all the 

medical evidence.3

 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 March 19, 2015 decision. Following such 

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

the claim. 

 

 3 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). 
3

IT IS HEREBY ORDERED THAT the March 19, 2015 decision of the Office of 

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

further proceedings consistent with this order of the Board. 

Issued: October 8, 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