United States Department of Labor

Employees’ Compensation Appeals Board

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S.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Bellmawr, NJ, Employer

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Docket No. 22-0532

Issued: October 7, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. MCGINLEY, Alternate Judge

JURISDICTION

On February 22, 2022 appellant filed a timely appeal from a February 2, 2022 merit 

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

Board’s assigned Docket No. 22-0532.1

On August 11, 2021 appellant, then a 34-year-old city carrier, filed a traumatic injury claim 

(Form CA-1) alleging that, on August 6, 2021, she sustained a fracture and puncture to her right 

hand when she was attacked by a dog while in the performance of duty. She stopped work on 

August 6, 2021.

On November 5, 2021 OWCP formally adjudicated the claim and accepted a fracture of 

unspecified phalanx of right index finger and an open bite of the right hand. 

1 The Board notes that following the February 2, 2022 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

On November 9, 2021 appellant submitted claimsfor compensation (Form CA-7)forleave 

without pay for the period September 11 through November 5, 2021. 

In a September 14, 2021 duty status report (Form CA-17) and a work capacity evaluation 

form (Form OWCP-5c) of even date, Stacie E. Guyton, a nurse practitioner, indicated that from 

September 14 to October 12, 2021 appellant was to perform modified light-duty work. On 

November 3, 2021 OWCP received another undated Form OWCP-5c from Ms. Guyton wherein 

she related that appellant was limited to modified light duty. 

In a development letter dated November 18, 2021, OWCP advised appellant of the 

deficiencies in the evidence received. It also advised her of the necessary medical evidence to 

support disability during the period claimed. OWCP noted that appellant should provide a 

comprehensive narrative report from her physician which explained why she was unable able to 

perform the duties of her position when she stopped work on August 6, 2021. It afforded her 30 

days to respond. 

On December 7, 2021 Dr. Randeep Kahlon, a specialist in hand surgery, co-signed CA-17 

forms dated September 14, and October 4, 2021 and an OWCP-5c form dated October 4, 2021, 

which were initially signed by a nurse practitioner. These forms indicated that appellant was 

restricted to modified light duty as of September 14, 2021 due to the August 6, 2021 closed 

displaced fracture of phalanx of right index finger.

OWCP also received an August 6, 2021 x-ray report of right hand and additional reports 

from a nurse practitioner and physical therapists. 

By decision dated February 2, 2022, OWCP denied appellant’s claim for wage-loss 

compensation commencing September 11, 2021. It found that the evidence of record was 

insufficient to establish disability as appellant had only submitted evidence from a nurse 

practitioner and physical therapy records. 

The Board finds that this case is not in posture for decision.

On December 7, 2021 Dr. Kahlon co-signed CA-17 forms dated September 14 and 

October 4, 2021 and an OWCP-5c form dated October 4, 2021, which were initially signed by a 

nurse practitioner. These forms indicated that appellant was restricted to modified light duty as of 

September 14, 2021 due to the August 6, 2021 closed displaced fracture of phalanx of right index 

finger. 

In the case of William A. Couch,

2

the Board held that when adjudicating a claim, OWCP 

is obligated to consider and address all evidence properly submitted by a claimant and received by 

OWCP before the final decision is issued. In its February 2, 2022 decision, OWCP failed to review 

the December 7, 2021 addendum reports co-signed by Dr. Kahlon. 

2

41 ECAB 548 (1990); F.A., Docket No. 20-1324 (issued March 1, 2021); T.G., Docket No. 19-1930 (issued 

January 8, 2021).
3

As the Board’s decisions are final as to the subject matter appealed, it is crucial that all 

evidence relevant to the subject matter of the claim properly submitted to OWCP be considered 

and addressed.3 For this reason, the case will be remanded to OWCP to enable it to properly 

consider and address all the evidence submitted at the time of the February 2, 2022 decision.

Following this and other such further development as deemed necessary, it shall issue a de novo

decision. Accordingly, 

IT IS HEREBY ORDERED THAT the February 2, 2022 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this decision of the Board. 

Issued: October 7, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3

Id.