United States Department of Labor

Employees’ Compensation Appeals Board

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J.S., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Elmhurst, IL, Employer

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Docket No. 18-1111

Issued: April 30, 2020

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

CHRISTOPHER J. GODFREY, Deputy Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

On May 10, 2018 appellant filed a timely appeal from a February 15, 2018 decision of the 

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

docketed the appeal as No. 18-1111.

On July 20, 2016 appellant filed a traumatic injury claim (Form CA-1) alleging that on 

July 18, 2016 he sustained a low back injury while in the performance of duty. He stopped work 

on July 19, 2016 and has not returned. 

By decision dated September 9, 2016, OWCP denied the claim, finding that the medical 

evidence of record was insufficient to establish a diagnosed condition in connection with the 

accepted July 18, 2016 employment incident.

On September 21, 2016 OWCP received an August 25, 2016 attending physician’s report 

(Form CA-20) from Dr. Shivani Chadha, an anesthesiologist and pain management specialist. 

Dr. Chadha reported the history of the July 18, 2016 employment incident and diagnosed a low 

back strain. On May 2, 2017 OWCP received an August 22, 2016 duty status report (Form CA17) from Dr. Chadha and a July 19, 2016 Form CA-17 from a chiropractor whose name is illegible.

OWCP also received evidence pertaining to a right knee replacement surgery in March 2015.
2

Appellant again requested reconsideration on October 12, 2017 and advised that his 

physician had provided an updated diagnosis which should be sufficient to establish his claim. 

By decision dated February 15, 2018, OWCP denied appellant’s request for 

reconsideration, finding that it was untimely filed and failed to demonstrate clear evidence of error. 

It noted that the only evidence reviewed on reconsideration was appellant’s narrative statement 

and that he had failed to provide factual or medical evidence in support of his claim. 

The Board finds that OWCP failed to review Dr. Chadha’s reports or the chiropractor’s 

July 19, 2016 Form CA-17 report. In the case of William A. Couch, 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.

1

 The case will therefore be remanded 

to OWCP to enable a proper consideration of the evidence that was of record at the time of its 

February 15, 2018 decision to be followed by an appropriate decision regarding appellant’s request 

for reconsideration. 

IT IS HEREBY ORDERED THAT the February 15, 2018 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: April 30, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

 

1 William A. Couch, 41 ECAB 548, 553 (1990).