United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.B., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Allen Park, MI, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 16-0827 

Issued: August 12, 2016 

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 

COLLEEN DUFFY KIKO, Judge 

On March 15, 2016 appellant filed a timely application for review of the December 16, 

2015 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP), which 

denied his request for reconsideration without conducting a merit review. 

The Board notes that most recent merit decision in this case is OWCP’s June 10, 2015 

decision. On July 14, 2015 OWCP received appellant’s reconsideration request which was dated 

June 24, 2015.1 It did not issue a decision on appellant’s request for reconsideration until 

December 16, 2015, over five months after the request was made. The Board finds that appellant 

is entitled to a merit review of his case. When a reconsideration decision is delayed beyond 90 

days, and the delay jeopardizes the claimant’s right to review of the merits of the case by the 

Board, OWCP should conduct a merit review.2

 Appellant had 180 days, or until December 7, 

2015, to appeal OWCP’s June 10, 2015 merit decision to the Board.3

 The Board finds that 

OWCP’s delay of over five months in issuing a decision on appellant’s reconsideration request 

 1

 Appellant submitted additional evidence in support of the request. He also submitted another reconsideration 

request received by OWCP on December 9, 2015. 

2

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Reconsiderations, Chapter 2.1602.7.a (October 2011). 

3 See 20 C.F.R. § 501.3(e). 
2

effectively precluded appellant from appealing OWCP’s most recent merit decision on his claim 

to the Board. Had OWCP acted upon appellant’s request within 90 days, appellant would have 

been able to seek review of OWCP’s June 10, 2015 merit decision before the Board.4

Accordingly, the Board will set aside OWCP’s December 16, 2015 decision and remand 

the case for OWCP to issue an appropriate decision on the merits of the claim in order to 

preserve appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the December 16, 2015 decision of the Office of 

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

consistent with this order. 

Issued: August 12, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 4 See Geoma R. Munn, 50 ECAB 242 (1999); Joseph L. Cabral, 44 ECAB 152 (1992); Debra E. Stoler, 43 ECAB 

561 (1992); Carlos Tola, 42 ECAB 337 (1991) (remanding cases for merit review where OWCP delayed issuance of 

reconsideration decisions).