United States Department of Labor

Employees’ Compensation Appeals Board

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F.M., Appellant

and

U.S. POSTAL SERVICE, AIRPORT STATION, 

Los Angeles, CA, Employer

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Docket No. 18-1402

Issued: July 9, 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 July 10, 2018 appellant filed a timely appeal from February 22 and June 11, 2018 merit 

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

Boards docketed the appeal as No. 18-1402. 

By decision dated September 16, 2005, OWCP accepted appellant’s claim for the 

diagnosed condition of lumbar strain/sprain. Appellant filed a claim for compensation for the 

period November 9, 2004 to January 11, 2005. By decisions dated February 22 and June 11, 2018,

her claim for compensation was denied. 

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

decision and must be remanded to OWCP. 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. Appellant submitted medical 

reports dated November 9 and December 4, 2004 and January 5, 2005 from Dr. J. Randall Davis, 

a Board-certified orthopedic surgeon. On October 7, 20052she filed a claim (Form CA-7) 

 

1 41 ECAB 548 (1990). See also R.D., Docket No.17-1818 (issued April 3, 2018).

2 OWCP used the date her supervisor signed the form, October 7, 2005, instead of the date appellant signed the 

form, October 6, 2005.
2

requesting compensation for leave without pay (LWOP) for the period November 9, 2004 to 

January 11, 2005.3 In a time analysis form (Form CA-7a) dated October 5, 2005, appellant 

claimed eight total hours of LWOP during the period November 9, 2004 to January 11, 2005 due 

to a doctor’s appointments and physical therapy sessions.

OWCP, by letter dated October 25, 2005, authorized payment of wage-loss compensation 

for 0.65 intermittent hours of time lost from work on January 4, 2005. It advised that, based on 

the breakdown from her Form CA-7 and Form CA-7a, she requested 0.93 hours of annual leave 

on November 9, 2004, 0.69 hours of annual leave on November 23, 2005 and 0.89 hours of sick 

leave on December 21, 2004, which it found was supported by the medical evidence of record. 

However, OWCP also noted that requests for leave buy back could only be processed if the 

employing establishment agreed to credit appellant with the leave she wanted to buy back. It 

further advised that the evidence to date did not support that her disability exceeded 14 days and 

therefore the first 3 days of disability following continuation of pay would not be payable until her 

disability period exceeded 14 days.

By letter dated December 26, 2017, OWCP informed appellant that on October 7, 2005 it 

received her claim requesting wage-loss compensation for lost time due to medical treatment for 

the period November 9, 2004 to January 11, 2005. It advised that no medical evidence had been 

received supporting lost work time to attend a therapy session or medical appointment on the dates 

alleged. 

By decision dated February 22, 2018, OWCP denied appellant’s claim for wage-loss 

compensation for the period November 9, 2004 to January 11, 2005, finding that she had not

submitted any medical evidence supporting her claim for wage-loss compensation. On March 13,

2018 it received her request for reconsideration. By decision dated June 11, 2018, OWCP denied 

appellant’s request for modification of the February 22, 2018 decision as it found she had not 

submitted supporting medical evidence.

The Board finds that OWCP, in its February 22 and June 11, 2018 decisions, did not review 

reports dated November 9 and December 4, 2004 and January 5, 2005 from Dr. Davis. For this 

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

record at the time of the February 22 and June 11, 2018 decisions. Following such further 

development as OWCP deems necessary, it shall issue an appropriate merit decision on the claim.

 

3 The record also contains CA-7 forms from appellant requesting leave buy back for the period October 22, 2004 

to September 13, 2005 and claim for LWOP for the period November 1 to December 1, 2005. OWCP has not issued 

any decision regarding her claim for leave buy back and wage-loss compensation.
3

IT IS HEREBY ORDERED THAT the decisions of the Office of Workers’

Compensation Programs dated June 11 and February 22, 2018 are set aside and the case is 

remanded to OWCP for further proceedings consistent with this order of the Board.

Issued: July 9, 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