United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.J., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Federal Way, WA, Employer 

__________________________________________ 

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Docket No. 14-746 

Issued: October 17, 2014 

Appearances: Case Submitted on the Record

Howard L. Graham, Esq., for the appellant

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On February 14, 2014 appellant, through counsel, filed a timely appeal from an 

October 1, 2013 decision of the Office of Workers’ Compensation Programs (OWCP), which 

found that his reconsideration request was untimely filed and did not present clear evidence of 

error. The appeal was docketed as number 14-746. 

OWCP initially denied appellant’s occupational disease claim on April 5, 2012. 

Appellant, through counsel, requested a telephonic hearing, after which an OWCP hearing 

representative issued a September 19, 2012 decision that affirmed the April 5, 2012 decision. 

Appellant’s counsel requested reconsideration on September 18, 2013. The request was received 

by OWCP on September 19, 2013. Appellant’s counsel submitted new arguments and new 

medical evidence. In its October 1, 2013 decision, OWCP found that the request was untimely 

filed and failed to present clear evidence of error. 

The Board has duly considered the matter and finds that appellant’s request for 

reconsideration was timely. Section 10.607(a) of the implementing regulations provide that an 

application for reconsideration must be received within one year of the date of OWCP decision 

for which review is sought.1 In this case, appellant sought review of the September 19, 2012 

decision and his request for reconsideration was received by OWCP on September 19, 2013. In 

                                                             1

 20 C.F.R. § 10.607(a). 
2

computing the time for requesting reconsideration, the date of the event from which the 

designated time period begins to run shall not be included when computing the time period. 

However, the last day of the period shall be included unless it is a Saturday, a Sunday or a legal 

holiday.2

 Thus, the time for requesting reconsideration of OWCP’s September 19, 2012 decision 

began to run on September 20, 2012, and ended on September 19, 2013. Thus, the 

reconsideration request was timely as it was received by OWCP on September 19, 2013, exactly 

one year after the last merit decision. Because appellant filed a timely reconsideration request, 

the case will be remanded to OWCP for application of the standard for reviewing timely requests 

for reconsideration.3 The “clear evidence of error” standard utilized by OWCP in its October 1, 

2013 decision is appropriate only for untimely reconsideration requests. After such further 

development as OWCP deems necessary, it should issue an appropriate decision to protect 

appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the October 1, 2013 decision is set aside and 

remanded. 

Issued: October 17, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

                                                             2 Debra McDavid, 57 ECAB 149 (2005); John B. Montoya, 43 ECAB 1148 (1992). 

3 See 20 C.F.R. § 10.606(b).