United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

M.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Starkville, MS, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 20-0757

Issued: September 30, 2020

Appearances: Case Submitted on the Record

Samantha Burns, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On February 18, 2020 appellant filed a timely appeal from an August 26, 2019 nonmerit 

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

Boards docketed the appeal as No. 20-0757.

2

On June 23, 2012 appellant, then a 51-year-old rural carrier, filed a traumatic injury claim 

(Form CA-1) alleging that she injured her neck and back on June 19, 2012 when involved in a 

motor vehicle accident while in the performance of duty. She explained that when she attempted

to avoid hitting a deer while driving on a gravel road, her car tipped over and threw her into the 

 

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 The Board notes that following the August 26, 2019 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 evidence for 

the first time on appeal. Id. 
2

backseat. On July 2, 2012 OWCP accepted appellant’s claim for a lumbar and neck sprain. 

Appellant returned to part-time, modified-duty work on January 28, 2013. 

In a report dated September 30, 2016, Dr. Chad S. Altmyer, a Board-certified orthopedic 

surgeon, related that based on his treatment and diagnostic testing appellant’s bilateral knee 

conditions were causally related to the accepted employment injury. 

An August 10, 2017 letter from appellant’s then-counsel requested an update on the matter 

of expanding appellant’s accepted conditions to include her bilateral knee conditions. 

On October 20, 2017 OWCP denied expansion of appellant’s claim to include the 

additional conditions of bilateral knee osteoarthritis and a right medial meniscus tear because the 

evidence of record was insufficient to establish that the diagnosed conditions were casually related 

to her accepted June 19, 2012 employment injury. 

On November 9, 2017 appellant requested an oral hearing before an OWCP hearing 

representative. The hearing was held on April 19, 2018. By decision dated June 5, 2018, an 

OWCP hearing representative affirmed OWCP’s October 20, 2017 decision. 

Following the hearing, appellant submitted additional evidence, including a July 17, 2018 

report from Mary Britton, a nurse practitioner, and additional follow-up reports from her through

April 29, 2019.

Appellant also submitted an October 8, 2018 medical report from Dr. Ava Stegall, a Boardcertified family practice physician.

On July 1, 2019 appellant, through counsel, requested reconsideration and submitted 

additional evidence including a number of visit summaries from Dr. Altmyer. 

By decision dated August 26, 2019, OWCP denied appellant’s reconsideration request

solely based on the fact that the “evidence reviewed in support of her reconsideration request 

included multiple lists of medical appointment dates from the years 2011 to 2019.”

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

decision. In the case of William A. Couch,

3

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.

In OWCP’s August 26, 2019 decision it stated that the evidence reviewed in support of her 

reconsideration request consisted of multiple lists of medical appointment dates from the years 

2011 to 2019. However, the record reflects that after OWCP’s June 5, 2018 merit decision 

appellant additionally submitted multiple reports from Ms. Britton and reports by Dr. Stegall and

Dr. Altmyer. 

 

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

It is crucial that OWCP address all evidence received prior to the issuance of its final 

decision, as the Board’s decisions are final with regard to the subject matter appealed.4 The Board 

finds that this case is not in posture for decision, as OWCP did not review the above-noted evidence 

in its August 26, 2019 decision.

5

 On remand OWCP shall review all evidence of record, and 

following any further development as it deems necessary, it shall issue an appropriate decision. 

IT IS HEREBY ORDERED THAT the August 26, 2019 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: September 30, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

 

4 See C.S., Docket No. 18-1760 (issued November 25, 2019); Yvette N. Davis, 55 ECAB 475 (2004); see also 

William A. Couch, id.

5 See V.C., Docket No. 16-0694 (issued August 19, 2016).