United States Department of Labor

Employees’ Compensation Appeals Board

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L.R., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

U.S. CITIZENSHIP AND IMMIGRATION 

SERVICES, Tampa, FL, Employer

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Docket No. 23-1082

Issued: January 8, 2024

Appearances: Case Submitted on the Record

Capp Taylor, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On August 5, 2023 appellant, through counsel, filed a timely appeal from a July 12, 2023

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

Appellate Boards assigned the appeal Docket No. 23-1082.

On August 11, 2017 appellant, then a 55-year-old immigration services assistant, filed a 

traumatic injury claim (Form CA-1) alleging that on August 9, 2017 he experienced pain and other 

symptoms in his mid and low back and both legs, after lifting boxes while in the performance of 

duty. He stopped work on August 10, 2017 and returned to work on August 11, 2017. By decision 

dated October 12, 2017, OWCP accepted appellant’s claim for strain of muscle, fascia, and tendon 

of lower back.

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

On June 2, 2021 appellant, through counsel, requested expansion of the acceptance of his 

claim to include aggravation of cervical and lumbar disc disease with stenosis and thoracic 

radiculopathy as causally related to the accepted August 9, 2017 employment injury. 

By decision dated August 11, 2021, OWCP denied expansion of the acceptance of the 

claim to include additional conditions as causally related to the accepted August 9, 2017 

employment injury.

On August 18, 2021 appellant, through counsel, requested a review of the written record 

by a representative of OWCP’s Branch of Hearings and Review. By decision dated November 18, 

2021, OWCP’s hearing representative affirmed the August 11, 2021 decision.

On November 13, 2022 appellant, through counsel,requested reconsideration. By decision 

dated February 7, 2023, OWCP denied modification of the November 18, 2021 decision.

On May 8, 2023 appellant, through counsel, requested reconsideration.

In support thereof, appellant submitted additional evidence, including diagnostic reports 

dated May 3, 2009 and January 31, 2017.

In an April 6, 2023 report, Dr. Robert R. Reppy, an osteopath specializing in family 

medicine, related that appellant was seen for a follow up regarding neck and low back pain. He

diagnosed status post cervical spinal fusion, bulging discs at L3-4, L4-5, and L5-S1, stenosis at 

L4-5, and thoracic radiculopathy.

In an April 25, 2023 report, Dr. Reppy reviewed appellant’s history of injury and treatment. 

He diagnosed lumbar stenosis at L4-5, aggravation of cervical fusion at C6-7, and thoracic 

radiculopathy. Dr. Reppy described the mechanism of injury and opined that appellant’s accepted 

August 9, 2017 employment injury caused his cervical and lumbar stenosis. He further opined 

that symptoms stemming from the cervical fusion surgery were consequential to the employment 

injury and indicated that appellant was unable to work.

In a June 8, 2023 report, Dr. Reppy described appellant’s worsening symptoms and 

diagnosed status post cervical spinal fusion, bulging discs at L3-4, L4-5, and L5-S1, stenosis at 

L4-5, and thoracic radiculopathy.

By decision dated July 12, 2023, OWCP denied modification of the February 7, 2023 

decision. It did not reference the June 8, 2023 report from Dr. Reppy.

The Board, having duly considered this matter, finds that the case is not in posture for 

decision.

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. While OWCP is not required to list every piece of 

2

41 ECAB 548 (1990); see also R.D., Docket No. 17-1818 (issued April 3, 2018).
3

evidence submitted to the record, the record is clear that the June 8, 2023 report from Dr. Reppy 

was not reviewed by OWCP in its July 12, 2023 decision.3

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

that OWCP consider and address all evidence received prior to the issuance of its final decision.

4

 

For this reason, the case must therefore be remanded for OWCP to consider and address the abovenoted evidence in its July 12, 2023 decision.5

 Following this and other such further development

as deemed necessary, it shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the July 12, 2023 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: January 8, 2024

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3

See J.N., Docket No. 21-0086 (issued May 17, 2021); C.D., Docket No. 20-0168 (issued March 5, 2020).

4

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

William A. Couch, supra note 2.

5

See V.C., Docket No. 16-0694 (issued August 19, 2016).