United States Department of Labor

Employees’ Compensation Appeals Board

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G.M., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Carol Stream, IL, 

Employer

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Docket No. 18-0159

Issued: September 6, 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

ALEC J. KOROMILAS, Alternate Judge

On October 24, 2017 appellant filed a timely appeal from an April 27, 2017 nonmerit 

decision of the Office of Workers’ Compensation Programs (OWCP).

1

 The Clerk of the Appellate 

Boards assigned Docket No. 18-0159.

On December 30, 2003 appellant, then a 40-year-old mail processing clerk, filed an 

occupational disease claim (Form CA-2) for a bilateral upper extremity condition that allegedly 

arose in the performance of duty on or about December 15, 2003. OWCP accepted appellant’s 

claim for bilateral hand tenosynovitis, bilateral carpal tunnel syndrome, bilateral ulnar neuritis, 

right shoulder bursitis, right shoulder rotator cuff tear, and cervical disc herniation (File No. 

xxxxxx784). Appellant also sustained a traumatic injury (Form CA-1) on June 4, 2006, which 

OWCP accepted for left shoulder acromioclavicular (AC) sprain and left shoulder rotator cuff 

 

1 Under the Board’s Rules of Procedure, an appeal must be filed within 180 days from the date of issuance of an 

OWCP decision. An appeal is considered filed upon receipt by the Clerk of the Appellate Boards. See 20 C.F.R. 

§ 501.3(e)-(f). One hundred and eighty days from April 27, 2017, the date of OWCP’s last decision, was 

October 24, 2017. Since using October 27, 2017, the date the appeal was received by the Clerk of the Appellate 

Boards, would result in the loss of appeal rights, the date of the postmark is considered the date of filing. The date of 

the U.S. Postal Service postmark is October 24, 2017, rendering the appeal timely filed. See 20 C.F.R. § 501.3(f)(1).
2

sprain (File No. xxxxxx253).

2

 He has undergone multiple bilateral upper extremity surgical 

procedures. Appellant received wage-loss compensation for temporary total disability on the 

periodic compensation rolls.

By decision dated February 21, 2014, OWCP terminated appellant’s wage-loss 

compensation and medical benefits, effective that date. It based its decision on the June 24 and 

September 30, 2013 reports of Dr. Hythem Shadid, a Board-certified orthopedic surgeon and 

impartial medical examiner. Dr. Shadid found that appellant’s accepted bilateral upper extremity 

and cervical conditions had resolved. He also found that appellant had nonwork-related bilateral 

rotator cuff tendinopathy, which precluded repetitive overhead activities and repetitive lifting of 

more than 20 pounds.

Appellant requested an oral hearing, held telephonically on July 21, 2014. In an August 29, 

2014 decision, a representative of OWCP’s Branch of Hearings and Review affirmed the 

February 21, 2014 decision. Appellant subsequently requested reconsideration and OWCP denied 

modification by decision dated November 25, 2015.

On November 22, 2016 appellant again requested reconsideration. 

Appellant also provided a December 11, 2015 statement disputing the sufficiency of

Dr. Shadid’s examination and the accuracy of his examination. In his November 22, 2016 request 

for reconsideration, he explained that there was an error in Dr. Shadid’s report and that it was not 

accurate as he did not appear to be aware of appellant’s back pain and conditions. Appellant noted 

that Dr. Shadid found no mention of any back pain or physical findings that would cause one to 

suspect a back injury. He also noted that Dr. Shadid indicated that the first time back pain was 

mentioned was on August 12, 2010. Appellant explained that this was inaccurate as he was taken 

off work on multiple occasions due to back problems dating all the way back to 2006. He provided 

documentation from Dr. Bruce J. Montella, a Board-certified orthopedic surgeon, dating back to 

2006, showing that he had a lumbar disc herniation, as well as neck pain. Appellant also submitted 

new medical evidence to support that he had continued back problems and that the report of

Dr. Shadid should not be given special weight as it was inaccurate. They included magnetic 

resonance imaging (MRI) scans from 2013 and 2016, which revealed findings to include a herniated 

disc at L5-S1. The new reports from Dr. Montella were dated August 11, 2014 and 

January 12, 2015.

By decision dated April 27, 2017, OWCP denied appellant’s request for reconsideration,

finding that the evidence submitted was insufficient to warrant review of its prior decision. 

However, OWCP did not address or indicate awareness of appellant’s December 11, 2015

statement and the additional evidence submitted. Inasmuch as the Board’s decisions are final as 

to the subject matter appealed, it is crucial that OWCP address all relevant evidence properly 

submitted to OWCP prior to the issuance of its decision.3

 

2 OWCP combined the two above-noted claims and designated File No. xxxxxx784 as the master file.

3 20 C.F.R. § 501.6(c); see William A. Couch, 41 ECAB 548, 553 (1990).
3

For this reason, the case will be remanded to OWCP to enable it to properly consider all of 

the evidence submitted prior to the issuance of its April 27, 2017 nonmerit decision. Following 

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

IT IS HEREBY ORDERED THAT the April 27, 2017 decision of the Office of Workers’

Compensation Programs is set aside, and the case is remanded to OWCP for further action 

consistent with this order.

Issued: September 6, 2019

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