United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.A., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Butler, PA, Employer 

__________________________________________ 

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Docket No. 14-1081 

Issued: October 1, 2014 

Appearances: Case Submitted on the Record

Douglas Sughrue, 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 April 9, 2014 appellant, through her attorney, filed a timely appeal from an 

October 11, 2013 decision of the Office of Workers’ Compensation Programs (OWCP). The 

Board assigned Docket No. 14-1081. 

In its October 11, 2013 decision, OWCP refused to reopen appellant’s case for further 

review of the merits of her claim on the grounds that her request for reconsideration was 

untimely filed and failed to demonstrate clear evidence of error. It stated that the request for 

reconsideration of the August 20, 2012 OWCP decision denying her occupational exposure 

claim was untimely as it was received on August 20, 2013 and not by August 19, 2013. 

The Board finds that OWCP improperly determined in this case that appellant failed to file 

a timely request for reconsideration. In computing the time for requesting reconsideration, the date 

of the event from which the designated period of time begins to run shall not be included when 

computing the time period. The last day of the period so computed shall be included unless it is a 

Saturday, a Sunday or a legal holiday.1

 The time for requesting reconsideration of OWCP’s 

 1 Angel M. Lebron, Jr., 51 ECAB 488 (2000); John B. Montoya, 43, ECAB 1148 (1992). 
2

August 20, 2012 decision began to run on August 21, 2012 and thus would have expired on 

August 20, 2013. 

Pursuant to OWCP regulations at 20 C.F.R. § 10.607(a) an application for reconsideration 

must be received by OWCP within one year of the date of the OWCP decision for which review is 

sought. 

As appellant’s request for reconsideration was received on that date, August 20, 2013, it 

was timely. The case will be remanded to OWCP for application of the standard for reviewing 

timely requests for reconsideration. 

Accordingly, the Board, having duly considered the matter, concludes that, in its 

October 11, 2013 decision, OWCP improperly determined that appellant filed an untimely 

request for reconsideration of its August 20, 2012 decision. The October 11, 2013 decision of 

OWCP must be set aside and the case remanded to OWCP to further review of appellant’s 

reconsideration request under the standards for timely reconsideration requests, to be followed 

by the issuance of an appropriate decision following any necessary further development in 

accordance with its regulations.2

IT IS HEREBY ORDERED THAT the October 11, 2013 decision of the Office of 

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

proceedings consistent with this order of the Board. 

Issued: October 1, 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 See Debra McDavid, 57 ECAB 149 (2005).