United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

T.H., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

New York, NY, Employer 

__________________________________________ 

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Docket No. 16-0435 

Issued: April 11, 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 January 7, 2016 appellant filed a timely appeal from a December 29, 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. 16-0435. 

On April 22, 2014 appellant, then a 28-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that she sustained a left wrist injury in the performance of duty on 

April 17, 2014 while casing mail.1

 OWCP denied the claim by decision dated December 5, 

2014, finding the medical evidence was insufficient to establish the claim. 

Appellant requested reconsideration of the December 5, 2014 OWCP decision by letter 

dated December 2, 2015, and submitted additional evidence. The received date of this additional 

evidence in the Integrated Federal Employees’ Compensation System (iFECS) was 

December 7, 2015. In a December 29, 2015 decision, OWCP denied appellant’s request for 

reconsideration, finding that it was untimely filed and failed to establish clear evidence of error. 

 1

 OWCP developed the claim as an occupational disease claim occurring over more than one work day or shift, as 

appellant was claiming constant use of her left wrist contributed to a diagnosed condition. 
2

It found that the receipt date of December 7, 2015 was more than one year after the December 5, 

2014 decision. 

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.2 Under OWCP 

procedures, the date of receipt is the received date in iFECS.3 

In this case, the last OWCP merit decision was dated December 5, 2014, and one year 

(365 days) after this decision was December 5, 2015. It is well established, however, that in 

computing the time for requesting reconsideration, if the last day of the period is a Saturday, 

Sunday, or a legal holiday, then a claimant has until the next business day to submit a timely 

reconsideration request.4 As December 5, 2015 was a Saturday, appellant had until Monday, 

December 7, 2015 to request reconsideration. Thus, her reconsideration 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.5 The clear evidence of error standard utilized 

by OWCP in its December 29, 2015 decision is appropriate only for untimely reconsideration 

requests.6 The Board will set aside OWCP’s December 29, 2015 decision and remand the case 

for an appropriate final decision on appellant’s timely request for reconsideration. 

 2

 20 C.F.R. § 10.607. 

3

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Reconsiderations, Chapter 2.1602.4(b) (October 2011). 

4 S.Y., Docket No. 15-1510 (issued November 16, 2015); Debra McDavid, 57 ECAB 149 (2005). 

5 See 20 C.F.R. § 10.606(b)(3). 

6 Id. at § 10.607(b). 
3

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated December 29, 2015 is set aside and the case remanded for further 

action consistent with this order of the Board. 

Issued: April 11, 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