United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.H., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, San Francisco, CA, Employer 

__________________________________________ 

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Docket No. 16-1149 

Issued: November 1, 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 May 10, 2016 appellant filed a timely appeal from an April 14, 2016 decision of the 

Office of Workers’ Compensation Programs (OWCP). 

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

decision. In its April 14, 2016 decision, OWCP denied appellant’s request for reconsideration 

finding that the January 21, 2016 request was untimely filed as it was not filed within one year of 

OWCP’s November 13, 2014 decision and also because the request failed to demonstrate clear 

evidence of error. In support of its clear evidence of error determination, it merely stated, “you 

did not present clear evidence of error.” 

Section 8124(a) of FECA provides that OWCP shall determine and make a finding of fact 

and make an award for or against payment of compensation.1

 Section 10.126 of Title 20 of the 

Code of Federal Regulations dictates that the decision shall contain findings of fact and a 

statement of reasons.2

 In a clear evidence of error case, OWCP must provide a limited review 

 1

 5 U.S.C. § 8124(a); see Hubert Jones, Jr., 57 ECAB 467 (2006); Paul M. Colosi, 56 ECAB 294 (2005). 

2

 20 C.F.R. § 10.126; see also O.R., 59 ECAB 432 (2008). 
2

explaining how the evidence appellant has submitted with her reconsideration request bears on 

the evidence previously of record, and whether this evidence demonstrates that OWCP 

committed an error.3

 It did not provide any discussion of the arguments or evidence appellant 

submitted in support of his reconsideration request. OWCP did not discharge its responsibility to 

provide appellant a statement explaining how the evidence or argument appellant submitted with 

his reconsideration request bears on the evidence previously of record, and whether this evidence 

demonstrates that OWCP committed an error. 

The case will be remanded to OWCP for further consideration of the evidence and 

argument submitted by appellant in support of his reconsideration request to be followed by an 

appropriate decision, containing appropriate findings and reasons, regarding whether he has 

established clear evidence of error. 

IT IS HEREBY ORDERED THAT the April 14, 2016 decision of the Office of 

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

proceedings consistent with this decision of the Board. 

Issued: November 1, 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 

 3 Nelson T. Thompson, 43 ECAB 919, 922 (1992); see also Robert M. Pace, 46 ECAB 551 (1995) (in determining 

whether clear evidence of error is shown, a brief evaluation of the evidence should be included in the decision so 

that any subsequent reviewer will be able to address the issue of discretion).