United States Department of Labor

Employees’ Compensation Appeals Board

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W.M., Appellant

and

TENNESSEE VALLEY AUTHORITY, 

Chattanooga, TN, Employer

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Docket No. 18-0132

Issued: July 19, 2018

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

ALEC J. KOROMILAS, Alternate Judge

On October 23, 2017 appellant filed a timely appeal of a July 20, 2017 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). This appeal was assigned Docket No. 

18-0132. 

The Board finds that this case is not in posture for decision. 

On May 17, 2017 appellant, then a 60-year-old lead custodian, filed an occupational 

disease claim (Form CA-2) alleging that he suffered from hearing loss as a result of his federal 

employment duties. He alleged that he was required to clean in the basement around loud turbines. 

Appellant noted that in order to get to the bathrooms and break rooms, he had to walk through 

areas with loud noise from welding machines and grinding machines. He also noted that he was 

exposed to sounds of cleaning equipment, such as scrubbers and vacuums. 

By development letter dated June 9, 2017, OWCP informed appellant that further evidence

was needed to support his claim. In order to substantiate the factual element of his claim, appellant 

was asked to provide a supplemental statement and respond to a questionnaire. The employing 

establishment was also sent a list of questions. Appellant was afforded 30 days to submit the 

requested information.
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On June 27, 2017 OWCP received a supplemental statement from appellant in which he 

related that he was exposed to excessive amounts of noise from multiple sources while cleaning, 

and that examples of plant noise were the turbines, pumps, and pipes as well as noise from welding 

and grinding machines. He also noted that he was exposed to noise from cleaning equipment, 

including vacuum cleaners and floor scrubbers. Appellant indicated that he was exposed to these 

sounds throughout the day, on a daily basis. He noted that he had to walk through these noisy

areas in order to get to the offices, break rooms, and bathrooms that he cleaned. Appellant further 

related that he had undergone annual hearing tests at the employing establishment until about six 

years ago, at which time he was simply told to wear hearing protections when working around 

noise. 

The employing establishment submitted results of appellant’s audiograms taken by the 

employing establishment from January 2, 2001 through May 23, 2006. 

By decision dated July 20, 2017, OWCP denied appellant’s claim as it determined that the 

evidence of record was insufficient to establish that the work factors occurred as alleged. It found 

that while it had requested a supplemental statement from appellant describing his claim, no 

supplemental statement had been received. 

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. The Board finds that, as OWCP did not review appellant’s 

supplemental statement received on June 27, 2017, the case will be remanded to OWCP to enable 

it to properly consider all of the evidence of record submitted at the time of the July 20, 2017 

decision. Following such further development as OWCP deems necessary, it shall issue a de novo

decision on appellant’s occupational disease claim.

 

1 41 ECAB 548 (1990).
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IT IS HEREBY ORDERED THAT the July 20, 2017 decision of the Office of Workers’

Compensation Programs is set aside and the case is remanded for further proceedings consistent 

with this opinion.

Issued: July 19, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board