United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

G.M., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

San Francisco, CA, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 16-1766 

Issued: February 16, 2017 

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 September 1, 2016 appellant filed a timely application for review from a July 20, 

2016 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk 

of the Board docketed the appeal as No. 16-1766. 

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 

traumatic injury claim (Form CA-1) alleging that on August 18, 2014 she was injured at work 

while opening a sliding glass door that jammed. In a November 3, 2014 decision, OWCP denied 

the claim. It found that the claimed work event had not occurred as alleged. On October 20, 

2015 appellant requested reconsideration and submitted medical and factual evidence. In a 

January 13, 2016 decision, OWCP modified the November 3, 2014 decision to reflect that the 

August 18, 2014 incident occurred as alleged. However, it found that the medical evidence 

failed to establish that appellant’s diagnosed conditions were caused by the accepted 

employment incident. 

 1

 41 ECAB 548 (1990). 
2

By letter dated July 2, 2016, appellant requested reconsideration. She noted that 

Dr. Robert J. Harrison, a Board-certified internist, would be submitting a narrative report on 

causal relationship. A July 15, 2016 progress note from Dr. Harrison was received by OWCP on 

July 19, 2016. 

By decision dated July 20, 2016, OWCP acknowledged appellant’s statement that a 

medical report would be submitted, but that no medical evidence had been received. 

The Board finds that, as OWCP did not review the July 15, 2016 report of Harrison, the 

case will be remanded to OWCP to enable it to properly consider all the evidence submitted at 

the time of the July 20, 2016 decision. Following such further development as OWCP deems 

necessary, it shall issue a de novo decision on appellant’s traumatic injury claim. 

IT IS HEREBY ORDERED THAT the July 20, 2016 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: February 16, 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