United States Department of Labor

Employees’ Compensation Appeals Board

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K.S., Appellant

and

DEPARTMENT OF TRANSPORTATION, 

FEDERAL AVIATION ADMINISTRATION, 

NORTHWEST MOUNTAIN AIRPORTS 

DIVISION, Cedar City, Utah, Employer

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Docket No. 20-0251

Issued: March 3, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 13, 2019 appellant filed a timely appeal from an August 13, 2019 nonmerit 

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

Boards assigned Docket No. 20-0251. 

On August 16, 2011 appellant, then a 34-year-old airway transportation systems specialist, 

filed a traumatic injury claim (Form CA-1) alleging that on July 26, 2011 he injured his lower back 

and left leg when moving the outer dome of a satellite dish while in the performance of duty. 

OWCP accepted the claim for lumbar region intervertebral disc degeneration, lumbar region 

intervertebral disc displacement, lumbar region radiculopathy, displacement of lumbar 

intervertebral disc without myelopathy, degeneration of lumbar or lumbosacral intervertebral disc, 

and thoracic or lumbosacral neuritis or radiculitis. 

On June 22, 2018 OWCP issued a notice of proposed termination of appellant’s wage-loss 

compensation and medical benefits, finding that the weight of the medical evidence of record 

established that appellant no longer suffered from any residuals or continuing disability from work 

due to his July 26, 2011 employment injury. It afforded him 30 days to submit additional evidence 

to refute the proposed termination of benefits. 
2

By decision dated August 1, 2018, OWCP finalized the termination of appellant’s wageloss compensation and medical benefits, effective that date, finding that the weight of the medical 

evidence of record established that he no longer suffered from any residuals or continuing 

disability from work due to his July 26, 2011 employment injury. 

On July 30, 2019 appellant requested reconsideration. In an attached statement dated 

July 29, 2019, he summarized the medical evidence of record and alleged that OWCP had engaged 

in physician shopping when it requested multiple second opinion evaluations prior to the 

termination of his compensation benefits. 

Appellant submitted additional medical evidence, including July 26 and October 24, 2018 

reports by Dayne Johnson, a physician assistant, a November 19, 2018 medical report by Dr. Allan 

Hillstead, a Board-certified anesthesiologist, and a November 26, 2019 laboratory report from

Dr. Hillstead. 

By decision dated August 13, 2019, OWCP denied appellant’s reconsideration request, 

finding that the evidence of record was insufficient to warrant a review of its August 1, 2018 

termination decision. The decision did not mention the July 26 and October 24, 2018 reports from

Mr. Johnson, the November 19, 2018 medical report from Dr. Hillstead, or the November 26, 2018 

laboratory report from Dr. Hillstead. 

The Board has duly considered the matter and finds that the case is not in posture for a 

decision. In the case of William A. Couch1the 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. 

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 which was properly submitted to OWCP prior 

to the time of issuance of its final decision be reviewed and addressed by OWCP.2 OWCP did not 

address the above-noted evidence in its August 13, 2019 decision and the Board cannot review 

that evidence for the first time on appeal.3

For this reason, the case will be remanded to OWCP to properly consider all of the evidence 

of record.4 Following this and other such further development as deemed necessary, OWCP shall 

issue an appropriate decision. 

 

1 41 ECAB 548 (1990); see also R.D., Docket No. 17-1818 (issued April 3, 2018).

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

William A. Couch, id.

3 20 C.F.R. § 501.2(c). See also G.M., Docket No. 16-1766 (issued February 16, 2017).

4 M.J., Docket No. 18-0605 (issued April 12, 2019).
3

IT IS HEREBY ORDERED THAT the August 13, 2019 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 3, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board