United States Department of Labor

Employees’ Compensation Appeals Board

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J.J., Appellant

and

DEPARTMENT OF THE AIR FORCE, DAVISMONTHAN AIR FORCE BASE, Tucson, AZ, 

Employer

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Docket No. 18-0137

Issued: November 1, 2018

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On October 24, 2017 appellant filed a timely appeal from a May 9, 2017 nonmerit decision 

of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

docketed the appeal as No. 18-0137.

The Board has duly considered the matter and finds that the case is not in posture for a 

decision. 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 the instant case, appellant filed an occupational disease claim 

(Form CA-2) alleging that work exposure to fumes and carcinogenic chemicals from 1981 to 1995 

caused squamous cell carcinoma of the head and neck. On January 9, 2003 OWCP accepted 

squamous cell carcinoma of the neck and scalp. Dr. Rucker requested authorization for a carotid 

stent. Following referral to a medical adviser, by decision dated December 13, 2016, OWCP 

denied Dr. Rucker’s request for authorization. On February 10, 2017 appellant requested 

reconsideration. By decision dated December 13, 2016, OWCP assigned the weight of the medical 

 

1 41 ECAB 548 (1990).
2

evidence to the opinion of its medical adviser and denied medical authorization for the requested 

procedure.

On February 10, 2017 appellant requested reconsideration. He noted in an attached

February 6, 2017 statement that a similar procedure had been approved for his left carotid artery. 

Also attached was a January 5, 2017 procedure note in which Dr. Rucker reported that he had 

performed stent placement and balloon angioplasty to the proximal right internal carotid artery. 

Dr. Rucker related that indications for the procedure were that appellant had severe radiationinduced stenosis of the proximal right internal carotid artery that was symptomatic, characterized 

by presyncopal episodes and visual changes.

In a nonmerit decision dated May 9, 2017, OWCP denied appellant’s February 10, 2017 

request for reconsideration. It noted that the only evidence reviewed on reconsideration was 

appellant’s February 6, 2017 narrative statement and that “[n]o other evidence was submitted in 

support of [the] claim.”

The Board finds that, as OWCP failed to review the January 5, 2017 report of Dr. Rucker, 

the case will be remanded to OWCP to enable a proper consideration of the evidence of record at 

the time of its May 9, 2017 nonmerit decision. Following such further development as OWCP 

deems necessary, it shall issue an appropriate decision on appellant’s request for reconsideration 

of the merits of his claim.

IT IS HEREBY ORDERED THAT the May 9, 2017 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: November 1, 2018

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board