United States Department of Labor

Employees’ Compensation Appeals Board

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F.G., Appellant

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U.S. POSTAL SERVICE, POST OFFICE, 

Brooklyn, NY, Employer

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Docket No. 21-0422

Issued: March 16, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER GRANTING REMAND

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from a December 16, 2020 merit 

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

denied his traumatic injury claim (Form CA-1) that he sustained COVID-19 on March 10, 2020 

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

Docket No. 21-0422 to appellant’s appeal.2

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

Appellate Boards. The Director noted that OWCP has conceded that appellant is a covered 

1 The Board notes that,following the December 16, 2020 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 The Board notes that OWCP subsequently issued a March 22, 2021 decision, which vacated the December 16, 

2020 merit decision. However, appellant had already filed the current appeal to the Board on January 28, 2021. OWCP 

may not simultaneously have jurisdiction over the same issue. Consequently, the March 22, 2021 decision is set aside 

as null and void. See 20 C.F.R. § 10.626; see also A.C., Docket No. 18-1730 (issued July 23, 2019); M.C., Docket 

No. 18-1278, n.1 (issued March 7, 2019); RussellE. Lerman, 43 ECAB 770 (1992); Douglas E. Billings, 41 ECAB 

880 (1990).
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employee under the American Rescue Plan Act of 2021 (ARPA) and that he is entitled to 

appropriate benefits under FECA. The Director requested that the December 16, 2020 decision be 

set aside. The Director further advised that, upon remand, OWCP would reissue its decision on 

appellant’s entitlement to FECA benefits for exposure to COVID-19 while in the performance of 

her federal duties, and authorize the payment of appropriate benefits as claimed.

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 reissue its decision on appellant’s entitlement to FECA benefits for exposure to 

COVID-19 while in the performance of his federal duties, and authorize the payment of 

appropriate FECA benefits as claimed by appellant. 

IT IS HEREBY ORDERED THAT the motion to remand is granted. The decision of 

OWCP dated December 16, 2020 is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: March 16, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board