On June 24, 2013 an appellant, through his representative, filed a timely appeal from a December 27, 2012 decision of the Office of Workers Compensation Programs (OWCP). By this decision, citing to Board precedent, OWCP denied appellant's claim for augmented compensation on the grounds that the Defense of Marriage Act (DoMA) prohibits [OWCP] from recognizing a marriage between two individuals of the same sex. Appellant's representative requested oral argument before the Board.

The Director of OWCP filed a motion dated August 19, 2013, requesting the Board to set aside OWCP's December 27, 2012 decision and remand the case for payment of the augmented compensation benefits. The Director acknowledged that on June 26, 2013 the United States Supreme Court (the Court) ruled that section 3 of DoMA, which limited the definition of spouse to a person of the opposite sex who is a husband or wife, is unconstitutional. The Court struck down the provisions of DoMA which denied federal benefits to legally married, same sex couples. Turning to the current appeal, the Director concluded that, in light of the Court's ruling in Windsor and, in light of the fact that appellant has established a valid marriage to his spouse in the State of Vermont appellant is entitled to augmented compensation.

The Board has duly considered the matter and concludes that, as the Director has acknowledged the Court's ruling in Windsor relative to the unconstitutionality of section 3 of DoMA denying federal benefits to legally married same sex couples, as the Director has requested the Board to reverse its December 27, 2012 decision denying appellant augmented benefits under this unconstitutional section and as, on remand, OWCP will pay augmented compensation to appellant, the Director's motion should be granted.