United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.W., Appellant 

and 

DEPARTMENT OF THE NAVY, 

PORTSMOUTH NAVAL SHIPYARD, 

Portsmouth, NH, Employer 

__________________________________________ 

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Docket No. 14-0199 

Issued: September 1, 2017 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER GRANTING PETITION FOR RECONSIDERATION 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

 The Board issued its decision in the above-entitled matter on September 16, 2015.1 The 

Board affirmed a September 24, 2013 merit decision of the Office of Workers’ Compensation 

Programs (OWCP), which denied appellant’s claim for a schedule award. The Board found that 

appellant had not sustained any permanent impairment causally related to his accepted lumbar 

and thoracic conditions. 

 On October 13, 2015 appellant timely requested that the Board reconsider its 

September 16, 2015 decision.2

 He noted, inter alia, that OWCP had expanded his claim to 

include herniated discs. Appellant also argued that the Board failed to consider a January 13, 

2012 medical report from Dr. John J. Walsh Jr., a Board-certified orthopedic surgeon and OWCP 

 1

 Richard J. Daschbach, Chief Judge, participated in the preparation of the original decision, but was no longer a 

member of the Board effective May 16, 2014. Similarly, James A. Haynes, Alternate Judge, also participated in the 

preparation of the original decision, but was no longer a member of the Board effective November 16, 2015. 

Neither individual participated in the preparation of this order. 

2

 Appellant or the Director of OWCP may file a petition for reconsideration of a decision or order issued by the 

Board within 30 days of the date of issuance, unless another time period is specified in the Board’s order. 20 C.F.R. 

§ 501.7. 
2

referral physician. On November 10, 2015 the Director filed an answer to the petition for 

reconsideration, arguing that appellant had not cited any error of fact or law and his petition 

should therefore be denied. In a November 16, 2015 response, appellant reiterated that 

Dr. Walsh’s report had been omitted. He also noted that in 2012 OWCP expanded his claim to 

include herniated discs, and the Board’s failure to acknowledge all of his accepted conditions 

represented an error in fact. 

 In its September 16, 2015 decision, the Board identified appellant’s accepted conditions 

as thoracic and lumbar strain/sprain. Part of the Board’s rationale for affirming OWCP’s 

September 24, 2013 denial of a schedule award was that appellant’s treating physician had based 

his left lower extremity impairment rating on diagnoses of herniated thoracic and lumbar discs, 

“which [were] not accepted as causally related to the employment injury.” However, on 

reconsideration, appellant correctly noted that in February 2012 OWCP had expanded his claim 

to include, inter alia, thoracic and lumbar intervertebral disc displacement.3

 Because appellant 

has identified a pertinent factual error with respect to the September 16, 2015 decision, the Board 

will grant the petition for reconsideration. Accordingly, the Board will issue a new decision and 

order regarding appellant’s claimed entitlement to a schedule award. 

IT IS HEREBY ORDERED THAT the petition for reconsideration is granted. 

Issued: September 1, 2017 

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 

 3

 OWCP’s February 15, 2012 correspondence to appellant advised that his claim had been expanded. The list of 

all accepted conditions included thoracic and lumbar region back sprain(s), cervical, thoracic and lumbar 

intervertebral disc displacement(s) without myelopathy, and thoracic or lumbosacral neuritis or radiculitis. OWCP 

also noted that its decision to expand the claim was based on Dr. Walsh’s recent second opinion examination.