United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.D., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Oklahoma City, OK, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 23-0856

Issued: January 19, 2024

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On June 7, 2023 appellant filed a timely appeal from a June 7, 2023 merit decision of the

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

docketed the appeal as No. 23-0856.

On February 11, 2019 appellant, then a 29-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on February 11, 2019 she sustained a sprain to her middle back 

when a dog ran out from under a vehicle and caused her to fall while in the performance of duty. 

She did not immediately stop work. OWCP accepted the claim for a sprain of the ligaments of the 

lumbar spine, contusion of the lower back and pelvis, lumbar radiculopathy, and other 

intervertebral disc displacement, lumbar region. It paid appellant wage-loss compensation for 

disability on the supplemental and periodic rolls. 

OWCP periodically requested that appellant complete and submit financial disclosure 

statements (Form EN-1032) which solicited information regarding her employment, volunteer 

work, dependent(s) status, receipt of other federal benefits and/or payments, and third -party 

settlements.

In an April 17, 2023 letter, OWCP notified appellant that federal regulations required her 

to execute an affidavit relative to any earnings or employment during the previous 15 months and 

that an EN-1032 form was enclosed for that purpose. It advised that she must fully answer all 
2

questions on the enclosed EN-1032 form and return it within 30 days or her benefits would be 

suspended. OWCP mailed the notice to appellant’s last known address of record. 

On June 7, 2023 OWCP received a completed Form EN-1032 dated April 17, 2023 from 

appellant.

By decision dated June 7, 2023, OWCP suspended appellant’s wage-loss compensation 

benefits effective that date, due to her failure to submit a completed EN-1032 form, as requested. 

It noted that a Form EN-1032 was sent to her for completion, but no reply was received. OWCP 

advised that if appellant completed and returned the enclosed copy of the EN-1032 form, her 

compensation benefits would be restored retroactively to the date they were suspended.

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. It is crucial that OWCP review and address all evidence relevant to 

the subject matter properly submitted prior to the issuance of its final decision, as the Board’s 

decisions are final with regard to the subject matter appealed. 2

When OWCP suspended appellant’s compensation, it noted that a Form EN-1032 was sent 

to her for completion, but no reply was received. The Board notes that on June 7, 2023, the same

date OWCP issued its final decision, it received appellant’s April 17, 2023 Form EN-1032. 

However, OWCP did not acknowledge receipt of the form in its June 7, 2023 decision.

As OWCP did not review and address appellant’s April 17, 2023 Form EN-1032 when it 

suspended her compensation, the Board finds that this case is not in posture for decision. 3 On 

remand, it shall review all evidence of record and, following any further development as it deems 

necessary, it shall issue a de novo decision.

1

41 ECAB 548 (1990); see also K.B., Docket No. 20-1320 (issued February 8, 2021); 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); Linda Johnson, 

45 ECAB 439 (1994) (wherein the Board found that the principle in Couch also applied to situations where evidence 

was received by OWCP on the same day it issued the decision); see also William A. Couch, id.

3

See C.H., Docket No. 11-1624 (issued March 7, 2012) citing Willie J. Everett, Docket No. 03-991 (issued 

October 10, 2003) (where OWCP did not consider the claimant’s August26, 2002 response before suspending his 

compensation on August 30, 2002, the Board set aside the suspension and remanded the case for consideration of the 

evidence submitted, citing Couch). See also T.B., Docket No. 22-0795 (issued September 12, 2022).
3

IT IS HEREBY ORDERED THAT the June 7, 2023 decision of the Office of Workers’

Compensation is set aside, and the case is remanded for further proceedings consistent with this 

decision of the Board.

Issued: January 19, 2024

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board