United States Department of Labor

Employees’ Compensation Appeals Board

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E.D., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Monterey Park, CA, Employer

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Docket No. 20-0620

Issued: November 18, 2020

Appearances: Case Submitted on the Record

Stephen Millard, for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On January 27, 2020 appellant, through his representative, filed a timely appeal from a 

January 15, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards docketed the appeal as No. 20-0620.2

This case has previously been before the Board.

3

 The facts and circumstances as set forth 

in the Board’s prior decisions are incorporated herein by reference. The relevant facts are as 

follows.

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2 Appellant also filed a timely request for oral argument pursuant to section 501.5(b) of the Board’s Rules of 

Procedure. 20 C.F.R. § 501.5(b). Due to the disposition of this case, oral argument is rendered moot. 

3 Docket No. 17-0540 (issued July 26, 2017); Docket No. 18-0667 (issued August 1, 2019).
2

On December 10, 2002 appellant, then a 46-year-old letter carrier, filed an occupational 

disease claim (Form CA-2) alleging that he sustained a bilateral Achilles tendon condition as a 

result of his federal employment duties, which included delivering mail to business offices and 

private homes. He noted that he first became aware of his claimed condition on August 1, 2002 

and its relationship to his federal employment on December 4, 2002. OWCP accepted the claim 

for bilateral calcaneus spurs and authorized resection of the fractured bone and multiple bone 

fragments posterior of the left calcaneus, repair of Achilles tendon of the left ankle, resection of 

the bone posterior right calcaneus, and repair of Achilles tendon of the right ankle with removal 

of a calcified bone. The procedures were performed on July 16, 2003 and March 3, 2004.

OWCP subsequently expanded the acceptance of appellant’s claim to include bilateral 

Achilles tendinitis, crushing injury of the ankle and foot, multiple and unspecified open wound of 

the leg without complications, and bilateral shoulder, upper arm, and rotator cuff sprain and 

bilateral shoulder impingement syndrome. Appellant underwent authorized right and left shoulder 

open subacromial decompression with open rotator cuff repair on March 24, 2009 and October 26, 

2010, respectively.

On March 25, 2013 appellant returned to modified-duty work as a customer care agent. He

stopped work on July 18, 2013 and filed a notice of recurrence (Form CA-2a) alleging that he

sustained right knee, left hip, and lower back injuries on that day due to his accepted work-related

injuries.4

OWCP, by decision dated January 17, 2014, denied appellant’s claim for a recurrence of 

disability commencing July 18, 2013. On February 12, 2014 appellant requested a telephonic 

hearing before a representative of OWCP’s Branch of Hearings and Review.

OWCP subsequently received additional medical evidence.

Following an August 8, 2014 telephonic hearing, appellant submitted additional medical 

evidence.

An OWCP hearing representative, by decision dated October 24, 2014, affirmed the 

January 17, 2014 recurrence decision, finding that the medical evidence submitted was insufficient 

to establish that appellant was disabled from work commencing July 2013 due to a material 

worsening of his accepted work-related conditions. 

On July 6, 2015 appellant, through his representative, requested reconsideration and 

submitted additional medical evidence. 

 

4

In an October 8, 2015 decision, OWCP again denied expansion of appellant’s claim to include right knee, lower 

back, and left hip conditions. By decision dated December 16, 2016, it denied his request for reconsideration of the 

merits of his claim pursuant to 5 U.S.C. § 8128(a). The Board, by decision dated July 26, 2017, affirmed the 

December 16, 2016 decision. In a November 13, 2017 decision, OWCP denied appellant’s request for reconsideration 

of the denial of his request to expand the acceptance of his claim as it was untimely filed and failed to demonstrate 

clear evidence of error. The Board, by decision dated August 1, 2019, affirmed the November 13, 2017 decision. 

Docket No. 17-0540 (issued July 26, 2017); Docket No. 18-0667 (issued August 1, 2019).
3

By decision dated October 20, 2015, OWCP denied modification of the October 24, 2014 

decision, finding that the medical evidence submitted was insufficient to establish appellant’s 

claim for recurrence of disability.

On October 21, 2019 appellant, through his representative, requested reconsideration of 

the October 24, 2014 recurrence decision. In a June 26, 2015 statement, the representative 

contended that appellant was unable to work from July 2013 to January 2014 because the 

employing establishment failed to accommodate his medical restriction, which required a rest bar 

to elevate his feet, and resulted in the worsening of his accepted bilateral foot conditions.

In support of his request for reconsideration, appellant submitted medical evidence, 

including an October 18, 2019 primary treating physician’s progress report from Dr. Goldman. 

Dr. Goldman diagnosed bilateral Achilles tendinitis, right ankle spur, and bilateral shoulder rotator 

cuff tear. He advised that appellant was unable to work.

Appellant also submitted an August 29, 2019 order from the Equal Employment 

Opportunity Commission (EEOC) dismissing his request for a hearing with prejudice in light of a 

July 9, 2019 settlement agreement regarding his complaint against the employing establishment 

for failing to accommodate his medical requirement of a rest bar for his feet.

By decision dated January 15, 2020, OWCP denied appellant’s October 21, 2019 request 

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

error. It noted his submission of the August 29, 2019 EEOC order. OWCP, found, however, that 

appellant did not identify any errors in its October 20, 2015 decision.

The Board, having duly considered the matter, notes that in denying appellant’s 

October 21, 2019 reconsideration request, OWCP provided no discussion of the new medical 

evidence submitted in support of the reconsideration request by appellant, which addressed his 

bilateral lower extremity and bilateral shoulder conditions, and disability from work.

Because Board decisions are final with regard to the subject matter appealed,5it is crucial 

that OWCP address all relevant evidence received prior to the issuance of its final decision.6 As 

OWCP did not review the medical evidence, which was of record prior to OWCP’s January 15, 

2020 decision, the Board finds that this case is not in posture for decision.

7

 On remand OWCP 

shall review all submitted evidence of record at the time of the January 15, 2020 decision and,

following any further development of the medical evidence deemed necessary, it shall issue an 

appropriate decision.

 

5 20 C.F.R. § 501.6(d).

6 See B.C., Docket No. 15-1222 (issued October 20, 2015); William A. Couch, 41 ECAB 548, 553 (1990).

7 See M.N., Docket No. 20-0110 (issued July 7, 2020); Y.B., Docket No. 20-0205 (issued July 7, 2020); H.H., 

Docket No. 14-1985 (issued June 26, 2015).
4

IT IS HEREBY ORDERED THAT the January 15, 2020 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: November 18, 2020

Washington, DC

Christopher J. Godfrey, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board