United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.N., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Bellmawr, NJ, Employer 

__________________________________________ 

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Docket No. 16-1412 

Issued: December 20, 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 June 27, 2016 appellant filed an appeal from a September 25, 2015 decision of the 

Office of Workers’ Compensation Programs (OWCP). The Board assigned Docket No. 16-1412. 

By letter dated November 7, 2012, appellant requested a change of address for OWCP to 

send all mail to her new address. OWCP updated the change of address and sent all future 

correspondence to the last known address. 

Although properly addressed, based on the information provided by appellant, the U.S. 

Post Office returned OWCP’s September 25, 2015 decision as undeliverable.1

 It noted on the 

envelope: return to sender, not deliverable as addressed, unable to forward. OWCP received the 

nondelivered decision on October 16, 2015. Appellant contends that she did not obtain a copy of 

the decision until June 20, 2016. 

Despite receiving the September 25, 2015 decision as undeliverable, OWCP made no 

further attempt to reissue the decision. On appeal before the Board, appellant has noted that the 

 1 C.C., Docket No. 14-745 (issued July 29, 2014). 
2

decision was never resent or reissued in a timely manner.2

 As the September 25, 2015 decision 

was never received, appellant could not have timely requested an appeal before the Board.3

 For 

these reasons, the case will be remanded to OWCP for proper issuance of a de novo decision.4 

Accordingly, 

IT IS HEREBY ORDERED THAT the September 25, 2015 decision of the Office of 

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

further proceedings consistent with this order of the Board. 

Issued: December 20, 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 

 2 E.C., Docket No. 11-1774 (issued February 27, 2012). Under the mailbox rule, it is presumed, in the absence of 

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

individual. This presumption arises when it appears from the record that the notice was properly addressed and duly 

mailed. However, as a rebuttable presumption, receipt will not be assumed when there is evidence of nondelivery. 

3

 For decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to 

appeals which are filed within 180 days from the date of issuance of OWCP’s decision. 20 C.F.R. § 501.3(e). 

4 M.C., Docket No. 12-1778 (issued April 12, 2013); J.M., Docket No. 12-543 (issued March 12, 2013).