United States Department of Labor

Employees’ Compensation Appeals Board

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D.Q., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, FEDERAL 

CORRECTIONAL INSTITUTION PHOENIX, 

Phoenix, AZ, Employer

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Docket No. 22-0528

Issued: March 21, 2023

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

On February 25, 2022 appellant filed a timely appeal from a September 2, 2021 nonmerit 

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

Boards assigned Docket No. 22-0528.

On November 27, 2018 appellant, then a 45-year-old lieutenant, filed a traumatic injury 

claim (Form CA-1) alleging that on July 25, 2018 he sustained an injury to his right knee 

responding to an institutional emergency involving an assault in the performance of duty. He 

reported that his right leg buckled, he almost fell, but regained his balance and continued to respond 

to the emergency. On the reverse side of the claim form, appellant’s supervisor, A.K., 

acknowledged that appellant was injured in the performance of duty. Appellant did not stop work. 

After initial development, by decision dated April 22, 2021, OWCP denied appellant’s 

traumatic injury claim. It found that the July 25, 2018 employment incident had been established.

However, the claim was denied because the medical evidence of record was insufficient to 

establish a medical condition causally related to the accepted work incident. 

On June 23, 2021 appellant requested reconsideration. 
2

Appellant also submitted a report dated July 25, 2018 from Wayne Weissinger, a nurse 

practitioner. Mr. Weissinger noted that appellant twisted his right knee while running to an 

incident on the employing establishment premises. He indicated that appellant had sustained slight 

swelling of the right knee and a right knee strain. 

OWCP also received a May 18, 2021 report from Dr. Sumit Dewanjee, a Board-certified 

orthopedic surgeon. Dr. Dewanjee related that appellant was seen for bilateral knee pain related 

to an injury at work on July 25, 2018. He diagnosed chondromalacia of the right knee, and a 

complex tear of the left knee medial meniscus. 

By decision dated September 2, 2021, OWCP denied appellant’s request for 

reconsideration. 

The Board, having duly considered this matter, 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. While OWCP is not required to list every piece of evidence 

submitted, the Board notes that the May 18, 2021 report from Dr. Dewanjee and the July 25, 2018 

report from the nurse practitioner were not considered or addressed by OWCP in its September 2, 

2021 decision.2

It is crucial that OWCP consider and address all evidence received prior to the issuance of 

its final decision, as Board decisions are final with regard to the subject matter appealed. 3 The 

Board finds that this case is not in posture for decision as OWCP did not consider or address the 

above-noted evidence in its September 2, 2021 decision.4 On remand, OWCP shall review all of 

the evidence submitted on reconsideration. Following this and other such further development as 

deemed necessary, it shall issue an appropriate decision. Accordingly,

1

41 ECAB 548 (1990); see J.R., Docket No. 21-1421 (issued April20, 2022); see alsoR.D., Docket No. 17-1818 

(issued April 3, 2018).

2

See C.D., Docket No. 20-0168 (issued March5, 2020).

3

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

WilliamA. Couch, supranote 1.

4

See V.C., Docket No. 16-0694 (issued August19, 2016).
3

IT IS HEREBY ORDERED THAT the September 2, 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: March 21, 2023

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