United States Department of Labor

Employees’ Compensation Appeals Board

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A.N., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

MICHAEL E. DeBAKEY VA MEDICAL 

CENTER, Houston, TX, Employer

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Docket No. 21-0657

Issued: June 28, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER GRANTING REMAND

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On March 25, 2021 appellant filed a timely appeal from a March 3, 2021 merit decision of 

the Office of Workers’ Compensation Programs (OWCP).1 By that decision, OWCP denied her 

traumatic injury claim (Form CA-1) that she sustained COVID-19 on March 19, 2020 causally 

related to the accepted employment exposure. The Clerk of the Appellate Boards assigned Docket 

No. 21-0657 to appellant’s appeal.

On April 30, 2021 the Director of OWCP filed a motion to remand with the Clerk of the 

Appellate Boards. He noted that appellant’s alleged exposure to and diagnosis of COVID-19 in 

March 2020 is within the timeframe prescribed under the American Rescue Plan Act of 2021 

(ARPA).

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 The Director, however, noted that OWCP did not analyze whether appellant qualified 

as a covered employee as defined by the ARPA because its March 3, 2021 decision was issued 

1 The Board notes that, following the March 3, 2021decision, 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 H.R. 1319, Public Law No. 117-2, 117thCongress (2021-2022) (enacted March 11, 2021).
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prior to passage of the March 11, 2021 law. He requested that the March 3, 2021 decision be set 

aside. The Director further advised that, upon remand, that OWCP would determine, under ARPA 

and in compliance with FECA Bulletin No. 21-09 (issued April 29, 2021), whether appellant has 

met her burden to establish entitlement to FECA benefits for exposure to COVID-19 while in the 

performance of her federal duties.

On May 20, 2021 the Clerk of the Appellate Boards served appellant with a copy of the 

Director’s motion to remand. No reply was received.

The Board, having duly considered this matter, grants the Director’s motion. On remand,

OWCP shall determine whether appellant has met her burden to establish entitlement to FECA 

benefits for exposure to COVID-19 while in the performance of her federal duties. Following 

other such further development, OWCP shall issue a de novo decision.

IT IS HEREBY ORDERED THAT the motion to remand filed by the Director of the 

Office of Workers’ Compensation Programs is granted. The March 3, 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: June 28, 2022

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board