United States Department of Labor

Employees’ Compensation Appeals Board

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B.H., Appellant

and

U.S. POSTAL SERVICE, BENNETTSVILLE

POST OFFICE, Bennettsville, SC, Employer

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Docket No. 23-0644

Issued: September 18, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 30, 2023 appellant filed a timely appeal from a February 17, 2023merit decision 

of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards 

assigned Docket No. 23-0644 to this appeal. 

On January 5, 2023 appellant, then a 43-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on January 4, 2023 he fell and broke his left ankle while in the 

performance of duty. On the reverse side of the claim form, appellant’s supervisor acknowledged 

that appellant was injured in the performance of duty. The form indicated that appellant stopped 

work on January 4, 2023 and returned to work on January 5, 2023. 

On January 4, 2023 appellant was treated in an emergency department by Dr. Justin Denny,

a Board-certified family medicine physician, who related that appellant experienced left ankle pain 

after a slip and fall due to a wet floor while delivering mail. An x-ray report of the ankle and foot 

by Dr. Stephen Christian, a Board-certified diagnostic radiologist, was reviewed and showed:

(1) lateral malleolar fracture; (2) mild widening of the medial ankle joint space which may indicate 

underlying ligamentous injury; and (3) small ossification posterior to the ankle, which may reflect 

1 The Board notes that, following the February 17, 2023 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.
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old soft tissue injury versus small posterior malleolar fracture. Dr. Denny diagnosed closed 

fracture of the left ankle. 

In a January 6, 2023 report, Dr. Evan L. Hanna, an orthopedic surgery specialist, related 

that appellant slipped while walking on a handicap ramp and twisted his ankle. Appellant further 

related feeling a pop and immediate onset of pain, as well as an inability to bear weight on his 

ankle. Dr. Hanna diagnosed closed displaced fracture of lateral malleolus of the left fibula. 

OWCP received a completed work capacity evaluation form (Form OWCP-5c) dated 

January 6, 2023 and signed by Dr. Hanna who indicated that appellant was not capable of working 

his usual job and unable to work with physical restrictions. Dr. Hanna further indicated that 

maximum medical improvement (MMI) had not been reached. 

In a development letter dated January 12, 2023, OWCP indicated that the evidence 

provided was insufficient to establish that appellant actually experienced the employment incident 

alleged to have caused injury. It provided a questionnaire to him to substantiate the factual 

elements of his claim. Further, OWCP requested that appellant provide a narrative report from a 

physician containing a detailed description of findings and a diagnosis, an imaging or radiology 

report, and a medical explanation of how the work incident caused or aggravated a medical 

condition. It afforded him 30 days to respond. 

OWCP received a claim for compensation (Form CA-7) form dated January 14, 2023 for 

disability from work for the period January 4 to March 22, 2023. 

On January 12, 2023 appellant underwent an unauthorized open reduction and internal 

fixation (ORIF) surgery on his left ankle by Dr. Hanna. 

By decision dated February 14, 2023, OWCP accepted that the January 4, 2023

employment incident occurred as alleged and that a medical condition was diagnosed. However, 

it denied appellant’s claim, finding that the medical evidence of record was insufficient to establish 

causal relationship between his diagnosed condition and the accepted January 4, 2023employment 

incident. 

By decision dated February 17, 2023, OWCP denied appellant’s claim for compensation 

for disability from work for the period January 4 to March 22, 2023. It found that the medical 

evidence of record was insufficient to establish that he was disabled from work during the claimed 

period due to his accepted work-related condition because an imaging or radiology report was not 

received and a summary medical narrative from a physician which outlined causal relationship. 

The record indicates that appellant’s claim was accepted for displaced fracture of the lateral 

malleolus of the left fibula. 

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

On January 4, 2023 appellant was treated in an emergency department by Dr. Denny. He 

related left ankle pain after a slip and fall due to a wet floor while delivering mail. An x-ray report 

of the ankle and foot by Dr. Christian was reviewed. On January 6, 2023 appellant was seen by

Dr. Hanna, who diagnosed closed displaced fracture of lateral malleolus of the left fibula. On that 

date Dr. Hanna completed a Form OWCP-5c indicating that appellant was not capable of working 

his usual job and unable to work with physical restrictions. He further indicated that MMI had not 
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been reached. Dr. Hanna completed appellant’s left ankle surgical procedure on January 12, 2023

which consisted of ORIF of the left ankle.

In the case of William A. Couch,

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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 17, 2023 decision, OWCP failed to 

consider and address the January 4, 2023 report from Dr. Denny, which included a review of 

appellant’s left ankle x-ray, and Dr. Hanna’s January 12, 2023 operative report. 

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 17, 2023 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 17, 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: September 18, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

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

Id.