United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.R., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Milwaukee, WI, Employer 

__________________________________________ 

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Docket No. 15-1409 

Issued: December 9, 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 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

 On June 16, 2015 appellant filed a timely appeal from a May 26, 2015 nonmerit decision 

of the Office of Workers’ Compensation Programs (OWCP) which found that he abandoned his 

request for an oral hearing. The Board docketed the appeal as No. 15-1409. 

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

decision. On October 14, 2014 OWCP denied appellant’s traumatic injury claim. Appellant 

requested a telephonic oral hearing before the Branch of Hearings and Review on 

October 16, 2014. He indicated his street address as 10350 Plumtree Circle. On March 25, 2015 

OWCP issued a notice of hearing, stating that the hearing would be held on May 5, 2015. It 

mailed the notice to a differently numbered street address. Appellant did not appear at the 

hearing, and on May 26, 2015 OWCP found that he abandoned his request for a hearing. 

The record evidence reveals that OWCP’s March 25, 2015 notice of hearing was not sent 

to appellant’s proper address. Section 10.617(b) of OWCP’s regulations requires OWCP to mail 
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a notice of the time and place of the hearing to appellant at least 30 days before the scheduled 

date.1

 OWCP has the burden of proving that it mailed a notice of a scheduled hearing to 

appellant.2 Under the mailbox rule, it is presumed, in the absence of evidence to the contrary, 

that a notice properly mailed to an individual in the ordinary course of business was received by 

that individual. This presumption arises where it appears from the record that the notice was 

properly addressed and duly mailed.3

 The presumption of receipt does not apply where a notice 

is sent to an incorrect address.4

 In the instant case, the notice of hearing was sent to an incorrect 

address. Accordingly, the Board finds that appellant was not provided proper notice of his 

hearing under OWCP’s regulations.5

 The case will be remanded to OWCP for rescheduling of 

the requested oral hearing. 

IT IS HEREBY ORDERED THAT the May 26, 2015 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this decision. 

 1

 20 C.F.R. § 10.617(b). Under the Federal Employees’ Compensation Act 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. 5 U.S.C. 

§ 8124(b)(1); 20 C.F.R. § 10.616(a). 

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

3 See M.U., Docket No. 09-526 (issued September 14, 2009). 

4 Id. 

5

 20 C.F.R. supra note 1; N.W., Docket No. 11-1026 (issued November 25, 2011). 
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Issued: December 9, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board