United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

R.F., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Washington, DC, Employer 

__________________________________________ 

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Docket No. 16-0233 

Issued: March 10, 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 November 19, 2015 appellant filed a timely application for review from a 

September 30, 2015 merit decision of the Office of Workers’ Compensation Programs (OWCP) 

which denied her claim for a traumatic injury (Form CA-1). 

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. In this case, appellant filed a 

Form CA-1 alleging that she sustained left shoulder and left elbow injuries on May 26, 2015 

while in the performance of duty and submitted medical reports dated May 27 to July 6, 2015. In 

an August 27, 2015 letter, OWCP notified appellant of the deficiencies of her claim and 

requested additional medical evidence from her and the employing establishment. It afforded her 

30 days to submit the requested evidence. In response, appellant submitted medical reports 

received by OWCP on September 30, 2015 which addressed her claimed injuries, work capacity, 

and physical restrictions. This included medical evidence from physicians. 

 1

 41 ECAB 548 (1990). 
2

In a September 30, 2015 decision, OWCP denied appellant’s claim as the medical 

evidence did not establish a causal relationship between her left shoulder and left elbow 

conditions, and the accepted employment incident. It explained that medical evidence in the 

claim was from a physician assistant, nurse practitioner, or physical therapists who were not 

physicians as defined by FECA. OWCP noted that no further evidence was received in response 

to its August 27, 2015 request for additional medical evidence. 

The Board finds that OWCP, in its September 30, 2015 decision, did not review the 

medical records appellant submitted that were received on the same date as its decision.2

 In that 

submission, appellant provided a response to OWCP’s request for medical evidence regarding 

her claim. 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 September 30, 2015 decision. Following such 

further development as OWCP deems necessary, it shall issue a de novo decision on appellant’s 

claim. 

IT IS HEREBY ORDERED THAT the September 30, 2015 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded to OWCP for further 

proceedings consistent with this order of the Board. 

Issued: March 10, 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 See M.B., Docket No. 09-17 (issued September 23, 2009); Yvette N. Davis, 55 ECAB 475 (2004); Linda 

Johnson, 45 ECAB 439, 440 (1994) (evidence received the same day on which OWCP issues its final decision must 

be considered).