United States Department of Labor

Employees’ Compensation Appeals Board

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S.D., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Port Arthur, TX, Employer

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Docket No. 18-1507

Issued: June 21, 2019

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

JANICE B. ASKIN, Judge

On August 1, 2018 appellant filed a timely appeal from a May 14, 2018 decision of the 

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

docketed this appeal as No. 18-1507.1

On March 28, 2018 appellant, then a 34-year-old city carrier, filed an occupational disease 

claim (Form CA-2) alleging that she developed plantar fasciitis due to factors of her federal 

employment. 

By decision dated May 14, 2018, OWCP reviewed the merits of appellant’s claim and

found that the evidence of record was insufficient to establish that the employment events occurred 

as alleged as she had not provided a detailed statement describing the employment duties she 

claimed had caused her diagnosed medical condition.

 

1 The Board notes that appellant submitted additional evidence on appeal. However, the Board’s Rules of Procedure 

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.”

20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this evidence for the first time on appeal. Id.
2

The Board has duly considered the matter and notes that, in the case of William A. Couch,

2

it held that, when adjudicating a claim, OWCP is obligated to consider all evidence properly 

submitted by a claimant and received by it before the final decision is issued. On April 19, 2018

OWCP received a narrative statement from appellant detailing her employment duties. Appellant

also submitted a March 7, 2018 report from Dr. Frederick E. Quirante, a specialist in podiatry. 

In its May 14, 2018 decision, OWCP did not note receipt of appellant’s narrative statement 

detailing her employment duties which she alleged had caused her plantar fasciitis. 

While OWCP is not required to list every piece of evidence submitted to the record, the

record is clear that appellant’s narrative statement received on April 19, 2018 was not reviewed

before the issuance of its May 14, 2018 decision. Whether OWCP receives relevant evidence on 

the date of the decision or days before, such evidence must be considered.3 As the Board’s 

decisions are final as to the subject matter appealed, it is crucial that all evidence relevant to the 

subject matter of the claim properly submitted to OWCP be reviewed and addressed.4 

Accordingly, the case is remanded for proper review of the evidence. Following any 

necessary further development, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the May 14, 2018 decision of the Office of Workers’

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

this order of the Board.

 

2 41 ECAB 548 (1990).

3 T.J., Docket No. 14-1854 (issued February 3, 2015); J.J., Docket No. 12-1062 (issued December 12, 2012); 

William McKennon, 51 ECAB 145 (1999).

4 T.J., id.; see Yvette N. Davis, 55 ECAB 475 (2004).
3

Issued: June 21, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board