United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

S.T., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

CENTRAL ARKANSAS VETERANS HEALTH 

CARE SYSTEM, Little Rock, AR, Employer 

__________________________________________ 

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Docket No. 15-382 

Issued: April 3, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On December 5, 2014 appellant filed a timely appeal of a June 10, 2014 nonmerit 

decision of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal 

Employees’ Compensation Act1

 (FECA), the Board has jurisdiction over the June 10, 2014 

nonmerit decision. The Board does not have jurisdiction over a decision on the merits of the 

claim.2

 

 1

 5 U.S.C. § 8101 et seq. 

2

 The last merit decision was an OWCP decision dated December 6, 2012. Under the Board’s Rules of Procedure

an appeal must be filed within 180 days from the date of the last OWCP decision. An appeal is considered filed 

upon receipt by the Clerk of the Board. One hundred and eighty days from June 10, 2014, the date of OWCP’s 

decision was December 8, 2014. Since using December 9, 2014, the date the appeal was received by the Clerk of 

the Board, would result in the loss of appeal rights, the date of the postmark is considered the date of filing. The 

date of the U.S. Postal Service postmark is December 5, 2014, rendering the appeal timely filed. See 20 C.F.R. 

§ 501.3(f)(1). 
2

ISSUE 

The issue is whether OWCP properly determined that appellant’s request for 

reconsideration was untimely and failed to show clear evidence of error. 

FACTUAL HISTORY 

On September 7, 2012 appellant, then a 46-year-old nurse, filed an occupational disease 

claim (Form CA-2) alleging that she sustained a neck and shoulder injury as a result of her 

federal employment. On the claim form, she referred to work activity on June 30 and 

July 1, 2012. 

By decision dated December 6, 2012, OWCP denied the claim for compensation. It 

found the medical evidence was insufficient to establish the claim. 

On December 6, 2013 OWCP received a letter from appellant dated November 3, 2013 

and additional evidence. Appellant noted that her claim had been denied on December 6, 2012 

and she identified OWCP claim number. She stated that the letter and additional documents 

were “submitted in request for reconsideration” of her claim. The medical evidence submitted 

on December 6, 2013 included a July 11, 2013 report from Dr. Manuel Kelley, a Board-certified 

family practitioner, and an undated report from Dr. Obama Asemota, a surgeon. 

On December 8, 2013 OWCP received an appeal request form dated December 5, 2013 

from the December 6, 2012 decision. Appellant checked “reconsideration” on the form. 

By decision dated June 10, 2014, OWCP found that appellant’s request for 

reconsideration was untimely. According to it, the request for reconsideration was not received 

until December 8, 2013. OWCP denied the request on the grounds that it did not show clear 

evidence of error. 

LEGAL PRECEDENT 

FECA provides that OWCP may review an award for or against compensation upon 

application by an employee (or his or her representative) who receives an adverse decision.3

 The 

employee shall exercise this right through a request to the district office. The request, along with 

the supporting statements and evidence, is called the “application for reconsideration.”4

According to 5 U.S.C. § 8128(a), a claimant is not entitled to a review of an OWCP 

decision as a matter of right.5

 This section vests OWCP with discretionary authority to 

determine whether it will review an award for or against compensation.6 OWCP, through 

 3

 5 U.S.C. § 8128(a). 

4

 20 C.F.R. § 10.605. 

5 Leon D. Faidley, Jr., 41 ECAB 104 (1989). 

6

 Under section 8128 of FECA, “[t]he Secretary of Labor may review an award for or against payment of 

compensation at any time on his own motion or on application.” 
3

regulations, has imposed limitations on the exercise of its discretionary authority under 5 U.S.C. 

§ 8128(a) of FECA. As one such limitation, 20 C.F.R. § 10.607 provides that an application for 

reconsideration must be received within one year of the date of OWCP’s decision for which 

review is sought.7

 According to OWCP procedures, the date received is the determined by the 

document received date in the Integrated Federal Employees’ Compensation System (iFECS).8

ANALYSIS 

In the present case, OWCP has made an improper finding that appellant’s application for 

reconsideration was untimely. The last merit decision was dated December 6, 2012. Appellant 

has one year to timely request reconsideration. The one-year time limitation begins to run on the 

date following the date of the original OWCP decision.9

 Therefore, appellant had until 

December 6, 2013 to timely file an application for reconsideration. 

On December 6, 2013 OWCP received a request dated November 13, 2013 for 

reconsideration of the December 6, 2012 decision. Appellant identified OWCP’s decision and 

its file number. She stated that she was requesting reconsideration and submitted additional 

evidence. Also received was a single appeal request form which was dated December 5, 2013 

and received on December 8, 2013. As noted in OWCP procedures, an application for 

reconsideration does not have to be on an appeal request form.10 In this case, appellant’s 

reconsideration request was dated November 13, 2013 and received by OWCP on December 6, 

2013 making the request timely. 

The Board accordingly finds that appellant filed a timely application for reconsideration 

on December 6, 2013. OWCP reviewed the evidence under a clear evidence of error standard, 

which is appropriate only for untimely applications for reconsideration.11 The case will 

accordingly be remanded to OWCP for proper review of the timely application for 

reconsideration and issuance of an appropriate decision.12

CONCLUSION 

The Board finds that OWCP improperly found appellant had submitted an untimely 

application for reconsideration. 

 7

 20 C.F.R. § 10.607. 

8

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

section provides that, for decisions prior to August 29, 2011, the application for reconsideration must be mailed 

within one year. 

9 See C.K., Docket No. 10-1665 (issued May 25, 2011). 

10 Supra note 8, Chapter 2.1602.3 (October 2011) (letter format is acceptable, and should contain sufficient detail 

to discern the decision being contested); see also E.R., Docket No. 13-1800 (issued February 21, 2014). 

11 See J.P., Docket No. 12-1596 (issued March 27, 2013); 20 C.F.R. § 10.607(b). 

12 See E.B., Docket No. 12-84 (issued May 15, 2012). 
4

ORDER 

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

Compensation Programs dated June 10, 2014 is set aside and the case remanded to OWCP for 

further action consistent with this decision of the Board. 

Issued: April 3, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board