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United States Department of Labor

Employees’ Compensation Appeals Board

 

 

__________________________________________

 

S.R., Appellant

 

and

 

U.S. POSTAL SERVICE, LENOX HILL STATION, New York NY, Employer

__________________________________________

 

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Docket No. 13-1566

Issued: January 2, 2014

Appearances:                                                                          Case Submitted on the Record

Paul Kalker, Esq., for the appellant

Office of Solicitor, for the Director

 

 

ORDER REVERSING CASE

 

Before:

RICHARD J. DASCHBACH, Chief Judge

COLLEEN DUFFY KIKO, Judge

PATRICIA HOWARD FITZGERALD, Judge

 

 

On June 19, 2013 appellant, through her attorney, filed a timely appeal from a March 6, 2013 merit decision of the Office of Workers’ Compensation Programs (OWCP).  The Board docketed the appeal as No. 13-1566.

This case has previously been before the Board.  In a decision dated December 11, 2012, the Board reversed OWCP’s May 16, 2012 decision as it had failed to adequately advise appellant it was rescinding acceptance of its previously accepted recurrence claim.

In a decision dated March 6, 2013, OWCP failed to follow the Board’s December 11, 2012 directions.[1]  The March 6, 2013 decision did not properly issue a recession decision, but rather sent appellant to a second opinion examination and based on the second opinion report, again denied appellant’s clam for recurrence.  It did not inform her correctly and accurately of the grounds on which it rejected her claim in order to afford her the opportunity of meeting, if possible, any defect.[2]  As OWCP failed to properly issue a rescission of its prior acceptance of appellant’s claim for recurrence, its decision is reversed.[3]

IT IS HEREBY ORDERED THAT the March 6, 2013 decision of the Office of Workers’ Compensation Programs is reversed.  The case is returned for OWCP to comply with the Board’s prior directives.

Issued: January 2, 2014

Washington, DC

 

                                                                                   

 

 

 

                                                                                    Richard J. Daschbach, Chief Judge

                                                                                    Employees’ Compensation Appeals Board

                                                                                   

 

 

 

                                                                                    Colleen Duffy Kiko, Judge

                                                                                    Employees’ Compensation Appeals Board

                                                                                   

 

 

 

                                                                                    Patricia Howard Fitzgerald, Judge

                                                                                    Employees’ Compensation Appeals Board



[1] OWCP based its determination on the March 6, 2013 report from Dr. Jonathan Black, a Board-certified orthopedic surgeon, who provided a second opinion evaluation. 

[2] See Y.S., Docket No. 10-2325 (issued August 23, 2011); John M. Pittman, 7 ECAB 514 (1955).

[3] The Board has final authority to determine questions of law and fact.  Its determinations are binding upon OWCP and must, of necessity, be so accepted and acted upon by the Director.  See Anthony Greco, 3 ECAB 84, 85 (1949).