United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.S., Appellant 

and 

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS, Atwater, CA, Employer 

__________________________________________ 

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Docket No. 16-0505 

Issued: July 18, 2016 

Appearances: Case Submitted on the Record

Debra Hauser, Esq., for the appellant1

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

VALERIE D. EVANS-HARRELL, Alternate Judge 

On January 21, 2016 appellant, through counsel, filed a timely appeal of a December 1, 

2015 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Board 

docketed the appeal as No. 16-0505. 

The Board has duly considered the matter and notes that on March 28, 2011 appellant, 

then a 50-year-old correctional treatment specialist (contract manager), filed a traumatic injury 

claim (Form CA-1) alleging that on February 24, 2011 she sustained herniated discs and nerve 

impingement due to her employment duties. OWCP accepted the claim for lumbar sprain. 

Appellant stopped work on March 2, 2011, was paid wage-loss compensation on the 

supplemental rolls before being placed on the periodic rolls for temporary total disability by 

letter dated February 23, 2012. By decision dated August 6, 2014, OWCP terminated appellant’s 

wage-loss compensation and medical benefits effective August 6, 2014.2

 In a letter dated 

 1

 In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for 

legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. 

§ 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An 

attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject 

to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 

2

 On June 6, 2015 appellant elected to receive benefits from the Office of Personnel Management in lieu of FECA 

benefits effective August 6, 2014. 
2 

June 11, 2015, appellant’s counsel requested reconsideration and submitted a May 26, 2015 

medical report. By decision dated December 1, 2015, OWCP denied reconsideration without 

considering the report. It noted that the only evidence received on reconsideration was a letter 

from counsel. 

Board precedent holds that OWCP must review all the evidence submitted by a claimant 

and received by OWCP prior to the issuance of a final decision.3

 As the Board’s jurisdiction is 

final as to the subject matter, it is crucial that OWCP accomplish this.4

Because the OWCP made no mention of any new evidence in denying appellant’s request 

for a merit review, it is clear to this Board that OWCP did not consider the evidence submitted 

by appellant in reaching its decision denying merit review. The May 26, 2015 report was 

received by OWCP on June 11, 2015. As OWCP did not consider the May 26, 2015 report, the 

Board concludes that the case must be remanded for review of this evidence. Following any 

further necessary development, OWCP shall issue an appropriate decision to protect appellant’s 

rights to future appeals. 

 IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated December 1, 2015 is set aside and the case remanded for further 

action consistent with this order of the Board. 

Issued: July 18, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Valerie D. Evans-Harrell, Alternate Judge 

 Employees’ Compensation Appeals Board 

 3 See M.B., Docket No. 09-176 (issued September 23, 2009); Yvette N. Davis, 55 ECAB 475 (2004); Linda 

Johnson, 45 ECAB 439 (1994) (evidence received the same day as the issuance of OWCP’s decision); William A. 

Couch, 41 ECAB 548 (1990); 20 C.F.R. § 501.6(c). 

4 See id.