United States Department of Labor

Employees’ Compensation Appeals Board

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J.W., Appellant

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DEPARTMENT OF VETERANS AFFAIRS,

WEST LOS ANGELES VETERANS 

ADMINISTRATION MEDICAL CENTER,

Los Angeles, CA, Employer

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Docket No. 19-0199

Issued: January 6, 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

ALEC J. KOROMILAS, Alternate Judge

On November 7, 2018 appellant filed an appeal from an October 29, 2018 decision of the 

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

docketed the appeal as No. 19-0199. On September 13, 2018 appellant, then a 38-year-old health 

technician, filed a traumatic injury claim (Form CA-1) alleging that, on August 24, 2018, she 

injured her left wrist due to “excessive force/handcuff constriction” while in the performance of 

duty. On the reverse side of the claim form, the employing establishment checked the box marked 

“no” when asked whether appellant was injured in the performance of duty. It noted that her tour 

of duty had ended and that the alleged incident occurred off premises.

In a development letter dated September 25, 2018, OWCP informed appellant of the type 

of factual and medical evidence needed to establish her claim. It provided a questionnaire for her

completion and requested a medical report from a physician, which included a diagnosis and a 

rationalized opinion on causal relationship. OWCP afforded appellant 30 days to submit the 

necessary evidence. Appellant did not respond. 
2

By decision dated October 29, 2018, OWCP denied appellant’s claim finding that the 

incident occurred as alleged, but that appellant had not submitted evidence containing a medical 

diagnosis in connection with the accepted employment incident.

Whether an injury occurs in the performance of duty is a preliminary issue before the merits 

of the claim are adjudicated.1 The Board finds that the October 29, 2018 decision failed to make 

adequate findings on the element of performance of duty. The employing establishment 

controverted the claim noting that the alleged incident occurred after appellant’s shift had ended 

and off premises. This controversion clearly raises the issue of whether the alleged injury occurred 

in the performance of duty.

In deciding matters pertaining to a given claimant’s entitlement to compensation benefits, 

OWCP is required by statute and regulation to make proper findings of fact.2 OWCP’s procedures

further specify that a final decision of OWCP should be clear and detailed so that the reader 

understands the reasons for the disallowance of the benefit.3 These requirements are supported by 

Board precedent.4

As OWCP failed to make findings of fact and provide a statement of reasons on the issue 

of performance of duty, the case will be remanded to OWCP. Following any further development 

deemed necessary, it shall issue a de novo decision.

 

1 T.H., Docket No. 17-0747 (issued May 14, 2018); P.L., Docket No. 16-0631 (issued August 9, 2016); see also 

M.D., Docket No. 17-0086 (issued August 3, 2017).

2 5 U.S.C. § 8124(a) provides that OWCP shall determine and make a finding of fact and make an award for or 

against payment of compensation. 20 C.F.R. § 10.126 provides in pertinent part that the final decision of OWCP shall 

contain findings of fact and a statement of reasons.

3 See Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Chapter 2.1400.5 (February 2013).

4 See James D. Boller, Jr., 12 ECAB 45, 46 (1960); see also R.B., Docket No. 16-1696 (issued September 7, 2017).
3

IT IS HEREBY ORDERED THAT the October 29, 2018 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 of the Board.

Issued: January 6, 2020

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