United States Department of Labor

Employees’ Compensation Appeals Board

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L.I., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Middleton, NY, Employer

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Docket No. 19-0619

Issued: February 19, 2020

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 January 22, 2019 appellant filed a timely appeal from July 23 and December 20, 2018 

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

Boards docketed the appeal as No. 19-0619.1

On April 13, 2017 appellant, then a 43-year old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on that date she injured her neck and back when her mail truck was hit 

by another vehicle as she delivered mail while in the performance of duty. By decision dated

July 23, 2018, OWCP accepted the claim for sprains of the cervical and lumbar areas of spine. It 

denied the claim, however, with regard to the additional conditions of cervical and lumbar 

radiculopathies, left shoulder impingement syndrome, cervical and lumbar herniated nucleus 

pulposus, and cervical, thoracic, and lumbar subluxations, finding that the evidence of record was 

insufficient to establish causal relationship. 

 

1 The Board notes that, following the December 20, 2018 decision, OWCP received additional evidence. 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 

additional evidence for the first time on appeal. Id.
2

Appellant filed claims for wage-loss compensation (Form CA-7) for the period from 

May 29, 2017 to December 21, 2018.

By decision dated December 20, 2018, OWCP denied appellant’s wage-loss compensation 

claim for the period May 29, 2017 and continuing as the medical evidence of record was 

insufficient to establish total disability from work due to the accepted conditions. It also denied 

modification of the July 23, 2018 decision as to the issue of claim expansion, finding that the 

medical evidence of record was insufficient to establish that the additional conditions claimed were 

work related.

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

decision.

In the case of William A. Couch,

2

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.

The Federal Employees’ Compensation Act provides that OWCP shall determine and make 

findings of fact in making an award for or against payment of compensation after considering the 

claim presented by the employee and after completing such investigation as OWCP considers 

necessary with respect to the claim.3 Since the Board’s jurisdiction of a case is limited to reviewing 

that evidence which was before OWCP at the time of its final decision,4it is necessary that OWCP 

review all evidence submitted by a claimant and received by OWCP prior to issuance of its final

decision. As the Board’s decisions are final as to the subject matter appealed,5it is crucial that all 

evidence relevant to that subject matter which was properly submitted to OWCP prior to the time 

of issuance of its final decision be addressed by OWCP.

7

The Board finds that OWCP did not review or address reports, dated April 7 and August 2 

and 10, 2018, and disability certificates from Dr. Clifton Burt, a physical medicine and

rehabilitation specialist; attending physician reports (Form CA-20) and duty status reports (Form 

CA-17) dated October 2, 2018 from Dr. Ravi Naik, a physician specializing in pain medicine and 

anesthesiology; or physical therapy notes covering the period from April 13, 2017 to

August 21, 2018. In addition, OWCP failed to address whether appellant was entitled to wageloss compensation benefits for her attendance at medical appointments during the claimed period. 

 

2 41 ECAB 548, 553 (1990); see also R.P., Docket No. 19-0301 (issued August 21, 2019); .K.L., Docket No. 

16-1341 (issued December 20, 2016); E.Z., Docket No. 14-274 (issued March 16, 2015); Linda Johnson, 45 ECAB 

439 (1994).

3 5 U.S.C. § 8124(a)(2).

4 20 C.F.R. § 501.2(c).

5

Id. at § 501.6(d).
3

For these reasons, the case will be remanded to OWCP for proper consideration of all the 

evidence of record at the time of the December 20, 2018 decision. Following such further 

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

IT IS HEREBY ORDERED THAT the December 20 and July 23, 2018 decisions of the 

Office of Workers’ Compensation Programs are set aside and the case is remanded to OWCP for 

further proceedings consistent with this order of the Board.

Issued: February 19, 2020

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