United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.R., Appellant 

and 

DEPARTMENT OF THE AIR FORCE, 

AIR FORCE SYSTEMS COMMAND, HILL AIR 

FORCE BASE, Ogden, UT, Employer 

__________________________________________ 

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Docket No. 14-2073 

Issued: March 2, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On September 30, 2014 appellant filed a timely appeal of a July 7, 2014 nonmerit 

decision of the Office of Workers’ Compensation Programs (OWCP) denying his request for 

reconsideration.1

 The Board assigned Docket No. 14-2073. 

This case has previously been before the Board. In a June 4, 2012 decision,2

 the Board 

affirmed a November 22, 2011 OWCP decision finding that appellant failed to establish that he 

was a federal employee within the meaning of the Federal Employees’ Compensation Appeals 

(FECA) for purposes of receiving compensation for his alleged April 29, 2009 left shoulder 

injury.3 In an order dated June 17, 2013,4 the Board granted the motion of the Director of 

 1

 Appellant stated that he was appealing a September 10, 2014 OWCP decision. The Board notes, however, that 

the record does not contain an adverse decision issued by OWCP on that date. 

2

 Docket No. 12-351 (issued June 4, 2012). 

3

 On April 5, 2011 OWCP received an unsigned traumatic injury claim alleging that appellant, then a 59-year-old 

nonfederal truck driver, sustained a torn rotator cuff in his left shoulder when he stumbled and fell while walking in 

his backyard on April 29, 2009. 

4 Order Granting Motion to Dismiss Petition for Reconsideration, Docket No. 12-351 (issued June 17, 2013). 
2

OWCP and dismissed appellant’s petition for reconsideration of the Board’s June 4, 2012 

decision on the grounds that it was not timely filed. 

By letter dated June 9, 2014, appellant requested reconsideration before OWCP. He 

submitted a computer disc which contained medical records regarding his claimed injury and the 

findings of a labor commission. 

In a July 7, 2014 decision, OWCP denied appellant’s request for reconsideration without 

a merit review. It found that the request was not filed within one year of its November 22, 2011 

merit decision and did not establish clear evidence of error. 

The Board has duly considered the matter and finds that this case is not in posture for 

decision. Section 8124(a) of FECA provides that OWCP shall determine and make a finding of 

fact and make an award for or against payment of compensation.5

 Its regulations also state that 

the decision shall contain findings of fact and a statement of reasons.6

 The reasoning behind 

OWCP’s evaluation should be clear enough for the reader to understand the precise defect of the 

claim and the kind of evidence which would overcome it.7

 In its July 7, 2014 decision, OWCP 

did not discharge its responsibility to provide appellant a statement explaining the disposition so 

that appellant could understand the basis for the decision as well as the precise defect and the 

evidence needed to overcome the denial of his claim. The Board notes that OWCP denied 

appellant’s June 9, 2014 request for reconsideration because it was untimely, but failed to 

provide any discussion of the evidence he submitted in support of his reconsideration request and 

to explain how the evidence failed to establish clear evidence of error. 

Accordingly, the case must be returned to OWCP for a proper decision which includes 

findings of fact and a clear and precise statement regarding appellant’s request for 

reconsideration on the denial of his traumatic injury claim or why he is not entitled to further 

reconsideration. Following this and such further development as OWCP deems necessary, it 

shall issue an appropriate decision. 

 5

 5 U.S.C. § 8124(a); see Hubert Jones, Jr., 57 ECAB 467 (2006); Paul M. Colosi, 56 ECAB 294 (2005). 

6

 20 C.F.R. § 10.126; see also O.R., 59 ECAB 432 (2008); Teresa A. Ripley, 56 ECAB 528 (2005); M.L., Docket 

No. 09-956 (issued April 15, 2010). 

7

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Chapter 2.1400.5(c) (February 2013). 
3

IT IS HEREBY ORDERED THAT the July 7, 2014 decision of the Office of Workers’ 

Compensation Programs’ decision is set aside and the case remanded for further action 

consistent with this order of the Board. 

Issued: March 2, 2015 

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