United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

R.S., Appellant 

and 

DEPARTMENT OF THE ARMY, McALISTER 

ARMY AMMUNITION PLANT, 

McAlister, OK, Employer 

__________________________________________ 

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Docket No. 15-0502 

Issued: February 9, 2016 

Appearances: Case Submitted on the Record

Debra Hauser, 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 January 7, 2015 appellant filed an application for review of an Office of Workers’ 

Compensation Programs’ (OWCP) decision dated October 23, 2014, which denied modification 

of a wage-earning capacity determination dated May 9, 2013.1

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,2

 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 the May 9, 2013 

decision in which OWCP denied modification of a decision finding that appellant’s actual 

earnings as a tools and parts attendant represented his wage-earning capacity, appellant requested 

reconsideration. He also submitted additional evidence. This included new reports from 

Dr. Andrew Briggeman dated May 28 and July 23, 2014. In these reports Dr. Briggeman 

diagnosed cervical spondylosis, radiculitis, cervical stenosis with cord impingement, history of 

work-related cervical injury in 2009 with need for posterior fusion, severe chronic 

cervicothoracic myofascial spasm, chronic occipital neuralgia/tension cephalgia, and left and 

right-sided sensorimotor median mononeuropathy, which were a direct consequence of 

 1

 OWCP accepted appellant’s claim for sprain of the neck, degeneration of cervical intervertebral disc, 

intervertebral disc disorder with myelopathy of the cervical region, spinal stenosis in the cervical region, and 

brachial neuritis or radiculitis. 

2

 41 ECAB 548 (1990). 
2

appellant’s original injury. He noted that appellant was in the performance of his regular duties 

as a carpenter when he was injured. Dr. Briggeman noted that appellant continued to have 

degeneration of cervical intervertebral disc, intervertebral disc disorder with myelopathy/cervical 

region, spinal stenosis in the cervical region, and radiculitis. He opined that appellant’s 

condition has materially worsened and he sustained several consequential injuries as a result of 

his work-related injury including cervical radiculopathy, neuralgia/neuritis/radiculitis, cervical 

stenosis at C3-7 with cord impingement and, chronic headaches, and right- and left-sided 

sensorimotor median mononeuropathy. Dr. Briggeman further opined that the resulting impact 

of appellant’s original workplace injury which occurred on February 23, 2009 caused the 

consequential conditions and has affected his ability to perform his job. These reports were 

received by OWCP on October 21, 2014. In its October 23, 2014 decision, OWCP denied 

modification of the wage-earning determination of May 9, 2013 on the grounds that the evidence 

presented was not sufficient to warrant modification. It did not note receipt or consideration of 

the reports from Dr. Briggeman dated May 28 and July 23, 2014. 

 

The Board finds that OWCP, in its October 23, 2014 decision, did not review the reports 

from Dr. Briggeman dated May 28 and July 23, 2014.3

 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 

October 23, 2014 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 October 23, 2014 decision of the Office of 

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

further proceedings consistent with this order of the Board. 

Issued: February 9, 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 

 3 See id.