United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

V.L., Appellant

and

U.S. POSTAL SERVICE, ABILENE POST 

OFFICE, Abilene, TX, Employer

__________________________________________

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Docket No. 23-0061

Issued: August 22, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On October 17, 2022 appellant filed a timely appeal from a September 2, 2022 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal 

Employees’ Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction over the merits of this case.2

ISSUE

The issue is whether OWCP abused its discretion by denying appellant’s requests for travel

reimbursement for medical treatment.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the September 2, 2022 decision, appellant submitted additional evidence to 

OWCP. 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

FACTUAL HISTORY

On September 11, 2015 appellant, then a 55-year-old rural carrier, filed an occupational 

disease claim (Form CA-2) alleging that she developed throbbing, numbness, and pain in her neck 

and both shoulders, arms, hands, and fingers due to factors of her federal employment. She noted 

that she first became aware of her condition on March 8, 2015 and realized its relation to factors 

of her federal employment on September 1, 2015. By decision dated March 30, 2016, OWCP 

accepted appellant’s claim for bilateral carpal tunnel syndrome, bilateral shoulder rotator cuff tear, 

bilateral shoulder impingement syndrome, right shoulder primary osteoarthritis, and cervical 

spondylosis with radiculopathy. On July 13, 2016 appellant underwent OWCP-approved left 

shoulder arthroscopic surgery and stopped work. OWCP paid her wage-loss compensation on the 

supplemental rolls, effective July 13, 2016, and on the periodic rolls, effective 

September 18, 2016. 

In a letter dated September 15, 2016, OWCP advised appellant that it was unable to 

authorize her request for travel reimbursement because the evidence of record was insufficient to 

establish attendance at medical appointments on the following dates: August 31, October 27, and 

December 7, 2015 and January 5, April 26, May 24, June 29, and July 27, 2016. OWCPrequested 

that appellant submit medical reports supporting attendance at medical appointments on these 

dates, and resubmit the claims for travel reimbursement for reconsideration. 

On February 22, 2017 appellant underwent OWCP approved right shoulder arthroscopic 

surgery. 

In a letter dated May 10, 2017, OWCP advised appellant that it was unable to authorize her 

request for travel reimbursement on December 20, 2016 and February 21, March 9 and 13, and 

April 12, 2017. It informed her that there was no evidence on file to establish that she received 

medical treatment on the above dates for her work injury. 

By decision dated August 21, 2017, OWCP expanded the acceptance of appellant’s claim 

to include other pulmonary embolism. 

In a memorandum of telephone call (Form CA-110) dated August 21, 2017, appellant 

indicated that she was waiting for mileage and travel reimbursement for specific dates. She 

explained that she submitted two letters and claims for medical reimbursement (Form OWCP-915)

and travel reimbursement forms (Form OWCP-957) in June and July which outlined the specific 

dates and reimbursement requests. The claims examiner noted that the documents were not in the 

case file, and advised that they were possibly mistaken as medical bills and sent to the medical 

billing department. 

In a letter dated September 20, 2017, appellant alleged that she was denied mileage 

payments for trips to her attending physician of record and surgical follow-up visits. She 

contended that she had records with one physician where she was reimbursed for mileage for one 

visit, but other visits were denied. Appellant reported that she did not understand why her 

physicians were paid for her office visits, but her mileage claims for the same visits were denied. 
3

On September 29, 2017 OWCP received a chronological record of claims that appellant 

had with OWCP. Appellant reported the following mileage on specific dates: 366 miles to Eagle 

Medical Centers on October 27, 2015 and January 5, 2016; 314 miles to Texas Sports Medicine 

on March 9, 2017; 316 miles to Eagle Medical Centers on March 13, 2017; 370 miles to University 

of Texas Southwestern on March 14 and April 26, 2017; and 316 miles to Eagle Medical Centers

on April 12, 2017. 

In a letter dated October 12, 2017, OWCP advised appellant that it was unable to authorize 

her request for travel reimbursement on March 14, April 26, and May 19, 2017. It informed her

that there was no evidence on file to establish that she received medical treatment on those dates 

for her work injury. 

On January 9, 2018 appellant submitted Explanation of Benefits forms from appellant’s 

insurance provider, which indicated that insurance benefits were paid for medical treatment that 

she received on March 14 and April 26, 2017 at the University of Texas Southwestern. 

On January 22, 2018 appellant returned to full-time, modified-duty work. 

In a letter dated February 5, 2018, OWCP advised appellant that it was unable to authorize 

her request for travel reimbursement on December 6, 2017. It informed her that there was no 

evidence on file to establish that she received medical treatment on that date for her work injury. 

By decision dated November 5, 2019, OWCP expanded the acceptance of appellant’s claim 

to include unilateral primary osteoarthritis of the first carpometacarpal joint of the left hand and 

bilateral wrist disorder of the ligament. 

In a Form CA-110 dated November 20, 2019, an OWCP claims examiner advised appellant 

to resubmit all her reimbursement requests to OWCP for review. 

On December 5, 2019 appellant submitted several Form OWCP-957. She indicated that 

on October 27, 2015 and January 5, April 26, May 24, October 25, and December 20, 2016 she 

traveled 366 miles from her home in Abilene, Texas to Eagle Medical Centers in Dallas, Texas. 

Appellant requested reimbursement for 183 miles traveled from her home to Eagle Medical 

Centers in Dallas, Texas on November 17, 2016. She also requested reimbursement for 316 miles 

traveled from her home to Eagle Medical Centers in Fort Worth, Texas on March 13, May 19, 

September 13, October 4, and December 6, 2017. 

Appellant submitted office visit notes dated October 25, November 17, and December 20, 

2016 by Dr. Christopher Mann, an osteopath specializing in family medicine, who indicated that 

she received medical treatment on those dates. 

OWCP also received an appointment list printout from Eagle Medical Centers in Fort 

Worth, TX. It noted that appellant had an appointment on February 10, March 13, April 12, 

May 19, June 30, July 26, August 23, September 13, October 4, November 13, and 

December 4, 2017. 

On December 28, 2019 appellant submitted a request for travel reimbursement in the 

amount of $96.05 for lodging on October 27, 2015. She noted that she traveled to Eagle Medical 
4

Centers in Dallas, Texas. Appellant submitted a billing statement from Holiday Inn Express and 

Suites, which noted that she was charged $96.05 on October 27, 2015. 

On December 28, 2019 appellant submitted a Form OWCP-957 requesting reimbursement 

for 316 miles traveled from her home to Eagle Medical Centers in Fort Worth, Texas on 

April 12, 2017. She provided an appointment list printout, which indicated that she had an 

appointment on April 12, 2017. 

On January 20, 2020 appellant submitted a Form OWCP-957 requesting reimbursement 

for 314 miles traveled from her home to Texas Sports Medicine in Fort Worth, Texas on 

March 9, 2017. She provided a visits list printout, which indicated that she had an appointment 

on March 9, 2017. 

OWCP received a Form OWCP-957 dated August 29, 2017 requesting reimbursement for 

370 miles traveled from her home to the University of Texas Southwestern in Dallas, Texas on 

March 14 and April 26, 2017. Appellant submitted visit notes dated March 14 and April 26, 2017 

by Dr. Yu Min Paul Shen, a Board-certified internist. 

On April 2, 2021 appellant submitted a list of travel reimbursement claims that had not 

been paid from June 29, 2015 through June 15, 2020. She indicated that on October 27, 2015 and 

January 5, 2016 she traveled 366 miles to Eagle Medical Centers to visit her physician of record. 

Appellant reported that on March 9, 2017 she traveled 314 miles to Texas Sports Medicine for 

follow-up left shoulder surgery. She noted that, on March 13, April 12, and December 6, 2017, 

she traveled 316 miles to Eagle Medical Centersto see her physician of record. Appellant reported 

that, on March 14 and April 26, 2017, she traveled 370 miles to the University of Texas 

Southwestern for an oncologist check-up. She indicated that all her physicians were in the

Dallas/FortWorth metroplex area, which was why her mileage was high. Appellant also explained 

that, on the dates that she only claimed one way, she traveled in two days and probably submitted 

it incorrectly. 

In a letter dated May 5, 2021, OWCP informed appellant that it had reviewed her claim to 

determine what was needed to process her claims for reimbursement for mileage, hotel costs, 

meals, and other expenses related to her medical treatment. It advised her that it was reprocessing 

the claims for mileage and hotel/meal reimbursement on the following dates: June 29, August 31, 

October 27, November 18, and December 7, 2015; January 5, April 26, May 24, October 25, and 

December 20, 2016; March 9, 13, and 14, April 12 and 26, May 19, September 13, October 4, and 

December 6, 2017; March 28, 2019; and June 15, 2020. OWCP requested that appellant resubmit 

all other dates that she was claiming for hotels, meals, and mileage reimbursement. 

In a letter dated October 3, 2021, appellant provided a detailed list of dates for the claims 

that had not yet been paid from 2015 through 2021. 

In a letter dated June 10, 2022, OWCP informed appellant that it was providing her with a 

copy of her bill pay history up to June 10, 2022. It also advised her that it had not received copies 

of treatment records to support specific dates from April 13, 2015 through January 10, 2020. 

By decision dated September 2, 2022, OWCP denied appellant’s claims for travel 

reimbursement for medical appointments on the following dates: October 27, 2015; January 5, 
5

2016; March 9, 13, and 14, April 12 and 26, and December 6, 2017. It noted that it had not 

received any evidence to support the authorization requests. 

LEGAL PRECEDENT

OWCP regulations provide that the employee is entitled to reimbursement for reasonable 

and necessary expenses, including transportation needed to obtain authorized medical services, 

appliances, or supplies.3 To determine a reasonable travel distance, it will consider the availability 

of services, the employee’s condition, and the means of transportation. Effective August 29, 2011, 

the most recent regulations provide that a round-trip distance of up to 100 miles is considered a 

reasonable distance to travel.4 If round-trip travel of more than 100 miles is contemplated, or air 

transportation or overnight accommodations will be needed, the employee must submit a written 

request to OWCP for prior authorization with information describing the circumstances and 

necessity for such travel expenses. OWCP will approve the request if it determines that the travel 

expenses are reasonable and necessary, and are related to obtaining authorized medical services, 

appliances, or supplies.5

Pursuant to FECA Bulletin No. 14-02, when a claimant submits a travel reimbursement in 

excess of 100 miles for a single date of service, the bill will automatically be suspended, and the 

Central Bill Processing provider will send notification to OWCP’s claims examiner.6 FECA 

Bulletin No. 14-02 notes that in some limited circumstances it may be necessary for a claimant to 

travel more than 100 miles on a regular basis, such as when the claimant lives in a remote area. 7

In interpreting this section, the Board has recognized that OWCP has broad discretion in 

approving services provided under FECA.8 The only limitation on OWCP’s authority is that of 

reasonableness. OWCP may authorize medical treatment but determine that the travel expense 

incurred for such authorized treatment was unreasonable or unnecessary. 9

ANALYSIS

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

Appellant claimed travel reimbursement on specific dates from June 29, 2015 through

June 15, 2020. She submitted treatment notes, appointment lists, and Explanation of Benefits 

documents in support of her claims. By decision dated September 2, 2022, OWCP denied 

3

20 C.F.R. § 10.315(a).

4

Id. 

5

Id. at 10.315(b).

6 FECA Bulletin No. 14-02 (issued January 29, 2014).

7

Id. 

8

S.M., Docket No. 19-0989 (issued May 12, 2020); G.C., Docket No. 19-0298 (issued June 24, 2019).

9

Id. 
6

appellant’s claims for travel reimbursement for medical appointments on the following dates: 

October 27, 2015; January 5, 2016; and March 9, 13, and 14, April 12 and 26, and 

December 6, 2017. It noted that it had not received any evidence to support the authorization 

requests. 

In the case of William A. Couch,

10 the Board found that, when adjudicating a claim, OWCP 

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

OWCP before a final decision is issued. OWCP denied appellant’s requests for travel 

reimbursement and noted that it had not received any evidence to support that the claimed travel 

was medically necessary. The Board finds that, in its September 2, 2022 decision, OWCP failed

to consider and address the treatment notes, appointment lists, and Explanation of Benefits 

documents, which indicated that she had received medical treatment on those specific dates. In 

addition, it did not consider and address the April 2, 2021 statement where appellant explained 

that her mileage reimbursement requests were so high because all her physicians were in the 

Dallas/Fort Worth metropolitan area. These documents are relevant to determining whether the 

requested travel expenses are reasonable and necessary and are related to obtaining authorized 

medical services, appliances, or supplies.11 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.12 The case will, therefore, be remanded to 

OWCP to consider and addressthe evidence that was of record at the time of its September 2, 2022 

decision. Following this and other such further development as deemed necessary, it shall issue a 

de novo decision.

CONCLUSION

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

10 41 ECAB 548 (1990); see also T.S., Docket Nos. 20-1177 & 20-1296 (issued May 28, 2021).

11 20 C.F.R. § 10.315(a) & (b).

12 T.W., Docket No. 22-0722 (issued September 29, 2022); see also T.J., Docket No. 14-1854 (issued February 3, 

2015); Yvette N. Davis, 55 ECAB 475 (2004).
7

ORDER

IT IS HEREBY ORDERED THAT the September 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: August 22, 2023

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