United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

N.L., claiming as widow of C.L., Appellant 

and 

DEPARTMENT OF JUSTICE, BUREAU OF 

ALCOHOL, TOBACCO, FIREARMS, & 

EXPLOSIVES, Sylacauga, AZ, Employer 

__________________________________________ 

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Docket No. 15-0713 

Issued: July 14, 2015 

Appearances: Case Submitted on the Record

Jimmy Carpenter, for the appellant 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On February 3, 2015 appellant’s representative filed a timely appeal from a 

December 31, 2014 nonmerit decision of the Office of Workers’ Compensation Programs 

(OWCP). As more than 180 days has elapsed from April 24, 2014, the most recent OWCP merit 

decision, to the filing of the current appeal, pursuant to the Federal Employees’ Compensation 

Act1

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board lacks jurisdiction to review the 

merits of appellant’s claim. 

ISSUE 

The issue is whether appellant abandoned her request for a hearing. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On March 22, 2013 appellant, the employee’s widow, filed a claim for survivor benefits. 

She alleged that work-related hypertension and congestive heart failure contributed to her 

husband’s death on January 12, 2013. 

By decision dated April 24, 2014, OWCP denied appellant’s claim because the medical 

evidence of record was insufficient to establish that the employee’s death was causally related to 

his employment. 

On May 16, 2014 appellant requested an oral hearing. 

In a November 5, 2014 letter, OWCP notified appellant that a telephone hearing was 

scheduled for December 9, 2014 at 9:40 a.m. It provided the telephone number and passcode for 

accessing the hearing. The notice also noted the hearing representative’s telephone number and 

her fax number. The notice was mailed to appellant’s address of record. 

Appellant did not call in to the scheduled hearing. 

By decision dated December 31, 2014, OWCP found that appellant had abandoned her 

request for a hearing. The decision noted that the hearing had been scheduled for December 9, 

2014, but that appellant had failed to call into the hearing as instructed. The decision also found 

that there was no indication that appellant had contacted OWCP prior or subsequent to the 

scheduled hearing to explain her failure to participate. OWCP concluded that appellant had 

abandoned her hearing request. 

On appeal appellant’s representative argued that his office telephone system was having 

technical difficulties on the day of the hearing. He noted that he called the number when he 

regained telephone service at 2:00 p.m., even though he knew he would not have the opportunity 

to have a hearing. Appellant’s representative advised that there was no other number to call and 

that he waited until he received the December 31, 2014 decision from OWCP. He asserted that 

appellant had not abandoned her hearing request and reiterated her desire to contest OWCP’s 

decision. 

LEGAL PRECEDENT 

Under FECA and its implementing regulations, a claimant who has received a final 

adverse decision by OWCP is entitled to receive a hearing upon writing to the address specified 

in the decision within 30 days of the date of the decision for which a hearing is sought.2 Unless 

otherwise directed in writing by the claims examiner, OWCP’s hearing representative will mail a 

notice of the time and place of the hearing to the claimant and any representative at least 30 days 

 2 Id. at § 8124(b)(1); 20 C.F.R. § 10.616(a). 
3

before the scheduled date.3 OWCP has the burden of proving that it mailed notice of a scheduled 

hearing to a claimant.4

 

A claimant who fails to appear at a scheduled hearing may request in writing within 10 

days after the date set for the hearing that another hearing be scheduled. Where good cause for 

failure to appear is shown, another hearing will be scheduled and conducted by teleconference. 

The failure of the claimant to request another hearing within 10 days, or the failure of the 

claimant to appear at the second scheduled hearing without good cause shown, shall constitute 

abandonment of the request for a hearing. Where good cause is shown for failure to appear at 

the second scheduled hearing, review of the matter will proceed as a review of the written 

record.5

Where it has been determined that a claimant has abandoned his or her request for a 

hearing, OWCP’s Branch of Hearings and Review will issue a formal decision.6

ANALYSIS 

By decision dated April 24, 2014, OWCP denied appellant’s claim for survivor benefits. 

Appellant timely requested a hearing. In a November 5, 2014 letter, OWCP notified appellant of 

the time, telephone number, and access code for the December 9, 2014 scheduled telephone 

hearing. The notice was mailed to her address of record. Appellant did not dial in for her 

hearing at the appointed time. She did not request a postponement of the hearing or explain her 

failure to appear at the hearing within 10 days of the scheduled hearing date of 

December 9, 2014. The Board, therefore, finds that appellant abandoned her request for a 

hearing. 

Appellant’s representative advised that he was unable to call at the scheduled time 

because his telephone system was having technical difficulties. The Board notes that the record 

does not contain any evidence to suggest that appellant contacted OWCP within the allotted time 

to alert it of technical difficulties.7

 

CONCLUSION 

The Board finds that OWCP properly found that appellant abandoned her request for a 

hearing. 

 3

 20 C.F.R. § 10.617(b). 

4 See Michelle R. Littlejohn, 42 ECAB 463 (1991). 

5

 20 C.F.R. § 10.622(f). 

6

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Hearings and Reviews of the Written Record, Chapter 

2.1601.6(g) (October 2011). 

7

 Although the representative indicated that he had no way to contact OWCP, OWCP’s November 5, 2014 letter, 

provided the telephone number and passcode for accessing the hearing. In addition, the notice also listed the hearing 

representative’s telephone number and her fax number. 
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ORDER 

IT IS HEREBY ORDERED THAT the December 31, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: July 14, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board