United States Department of Labor

Employees’ Compensation Appeals Board

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M.R., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Cleveland, OH, Employer

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Docket No. 21-1294

Issued: April 6, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On August 27, 2021 appellant, through counsel, filed a timely appeal from a July 20, 2021

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

Appellate Boards docketed the appeal as No. 21-1294.

On December 10, 2020 appellant, then a 39-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on October 31, 2020, while pulling herself into her truck all of 

her weight was placed on her left foot causing it to break while in the performance of duty. She 

stopped work on November 3, 2020. 

In a development letter dated December 15, 2020, OWCP advised appellant of the 

deficiencies of her claim. It advised her as to the factual and medical evidence necessary to 

establish her claim and provided a questionnaire seeking a full description of the events and 

circumstances surrounding the alleged October 31, 2020 employment incident. OWCP afforded 

her 30 days to provide the necessary information. No further evidence was received.

By decision dated January 14, 2021, OWCP denied appellant’s traumatic injury claim, 

finding that the evidence of record was insufficient to establish that the injury and/or events 

occurred as she described. It noted that she had not completed its December 15, 2020 development 

questionnaire or provided information clarifying the alleged October 31, 2020 employment 

incident. OWCP further noted that appellant did not submit medical evidence containing a medical 

diagnosis in connection with the injury or events.
2

OWCP received additional medical evidence. 

On February 4, 2021 appellant requested reconsideration.

OWCP received reports from Dr. Thomas A. Olexa, a Board-certified orthopedist, dated 

February 11, March 11, and April 22, 2021, who treated appellant in follow-up for a left distal 

fibula fracture of the left ankle. Appellant reported sustaining an injury on October 31, 2020 when 

she was pulling herself into her truck, twisted her ankle, and fell. Dr. Olexa noted an x-ray of the 

left ankle revealed healed distal fibula fracture. He diagnosed other closed fracture of distal end 

of left fibula and noted that appellant was totally disabled until March 11, 2021 when she could 

return to office work and regular duty.

In a July 18, 2021 statement, appellant provided further factual details surrounding the 

October 31, 2020 work incident. She reported sustaining a prior fall on October 27, 2020 and 

returned to work after that injury on October 31, 2020, but felt very weak and was unsure if she 

would be able work a full day. Appellant indicated that she went to load her truck and fell while 

getting into her truck. She was assisted by a co-worker and immediately reported the injury to her 

supervisor and postmaster who suggested she go home. Appellant indicated that the postmaster 

did not provide a CA-1 until December 9, 2020. She was hospitalized from November 3 through 

December 3, 2020 and provided all medical documentation in support of her injury to the 

postmaster. 

Appellant also resubmitted reports from Dr. Olexa dated December 17, 2020 and Chloe P. 

Callison, a physician’s assistant dated March 5, 2021 that were previously of record.

By decision dated July 20, 2021, OWCP denied modification of the decision dated 

January 14, 2021. It noted that appellant failed to provide sufficient factual evidence to support 

that she sustained a work injury on October 31, 2020 in the manner alleged. 

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

decision. 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. As detailed above, on reconsideration appellant submitted 

reports from Dr. Olexa dated December 17, 2020 and Chloe P. Callison, a physician’s assistant 

dated March 5, 2021 previously of record. She also submitted additional evidence including 

medical evidence from Dr. Olexa dated February 11, March 11, and April 22, 2021, and a narrative 

statement dated July 18, 2021. OWCP, however, did not review this additional evidence in its 

July 20, 2021 decision. It, thus, failed to follow its procedures by not considering all of the relevant 

evidence of record.2

1

41 ECAB 548 (1990);see K.B., Docket No. 20-1320 (issued February 8, 2021);see also R.D., Docket No. 17-1818 

(issued April 3, 2018).

2 OWCP’s procedures provide that all evidence submitted should be reviewed and discussed in the decision. 

Evidence received following development that lacks probative value also should be acknowledged. Whenever 

possible, the evidence should be referenced by author and date. Federal (FECA) Procedure Manual, Part 2 --Claims, 

Initial Denials, Chapter 2.1401.5(b)(2) (November 2012).
3

As Board decisions are final with regard to the subject matter appealed, it is crucial that 

OWCP address all relevant evidence received prior to the issuance of its final decision.3 The Board 

finds that this case is not in posture for decision, as OWCP did not address the abo ve-noted 

evidence in its July 20, 2021 decision.4 On remand, following any further development as deemed 

necessary, OWCP shall issue an appropriate decision.5

IT IS HEREBY ORDERED THAT the July 20, 2021 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: April 6, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

3 E.D., Docket No. 20-0620 (issued November 18, 2020); see C.S., Docket No. 18-1760 (issued November 25, 

2019); YvetteN. Davis, 55 ECAB 475 (2004);see also WilliamA. Couch,supranote 1.

4 D.S., Docket No. 20-0589 (issued November 10, 2020);see V.C., Docket No. 16-0694 (issued August19, 2016).

5 OWCP assigned the claim OWCP File No. xxxxxx069. The Board notes that appellant filed another claim for an

August 31, 2018 employment incident under OWCP File No. xxxxxx842, which was accepted for a dog bite of the 

left calf. Appellant also filed a prior claim under OWCP File No. xxxxxx244 for injuries to her left ribs, left elbow, 

right knee and left knee, which OWCP processed as a short form closure. On return of the case record, OWCP should 

consider administratively combiningOWCP File Nos. xxxxxx842, xxxxxx244, and xxxxxx069.