United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

S.Y., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

San Francisco, CA, Employer 

__________________________________________ 

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Docket No. 15-1510 

Issued: November 16, 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 

COLLEEN DUFFY KIKO, Judge 

On July 6, 2015 appellant filed a timely appeal from a March 18, 2015 decision of the 

Office of Workers’ Compensation Programs (OWCP), which found that her request for 

reconsideration was untimely filed and did not present clear evidence of error. The appeal was 

docketed as No. 15-1510. 

On October 20, 2004 appellant, then a 50-year-old mail clerk, filed an occupational 

disease claim alleging that she developed bilateral epicondylitis, wrist tendinitis, and carpal 

tunnel syndrome as a result of her daily work activity. OWCP accepted her claim for bilateral 

tenosynovitis of the hand and wrist and bilateral lateral epicondylitis. 

On November 26, 2012 OWCP terminated appellant’s wage-loss and medical 

compensation benefits. Appellant disagreed with the decision and requested an oral hearing. By 

decision dated June 12, 2013, an OWCP hearing representative affirmed the November 26, 2012 

termination decision. On October 24, 2013 OWCP received appellant’s request for 

reconsideration. In a decision dated February 21, 2014, it affirmed the termination of her 

benefits. 

 
2

Appellant subsequently requested reconsideration of the February 21, 2014 OWCP 

decision on February 23, 2015 and submitted additional evidence. In a March 18, 2015 decision, 

OWCP denied her request for reconsideration on the grounds that it was not timely filed and 

failed to establish clear evidence of error. 

The Board finds that appellant’s reconsideration request was timely. Section 10.607(a) of 

the implementing regulations provides that an application for reconsideration must be received 

within one year of the date of OWCP decision for which review is sought.1

 In this case, the last 

OWCP merit decision was dated February 21, 2014 and one year elapsed on February 21, 2015. 

Appellant’s reconsideration request was received by OWCP on February 23, 2015. In 

computing the time for requesting reconsideration, however, the last day of the period shall be 

included unless it is a Saturday, a Sunday, or a legal holiday.2

 As February 21, 2015 was a 

Saturday, appellant had until February 23, 2015 to request reconsideration. Thus, her request 

was timely received by OWCP. 

Because appellant filed a timely reconsideration request, OWCP should have reviewed 

her request under the standard for a timely request,3 as opposed to the standard for untimely 

requests.4

 The clear evidence of error standard utilized by OWCP in its March 18, 2015 decision 

is appropriate only for untimely reconsideration requests. The Board will set aside OWCP’s 

March 18, 2015 decision and remand the case for an appropriate final decision on appellant’s 

timely request for reconsideration. 

 

 1

 20 C.F.R. § 10.607(a). 

2 Debra McDavid, 57 ECAB 149 (2005); J.J., Docket No. 14-746 (October 17, 2014). 

3

 20 C.F.R. § 10.606(b)(3). 

4

 Section 10.607(b) states that OWCP will consider an untimely application for reconsideration only if it 

demonstrates clear evidence of error by OWCP in its most recent merit decision. The reconsideration request must 

establish that OWCP’s decision was, on its face, erroneous. 20 C.F.R. § 10.607(b). 
3

IT IS HEREBY ORDERED THAT the March 18, 2015 decision of the Office of 

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

proceedings consistent with this order. 

Issued: November 16, 2015 

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