United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.M., Appellant 

and 

DEPARTMENT OF THE TREASURY, 

INTERNAL REVENUE SERVICE, 

Guaynabo, PR, Employer 

__________________________________________ 

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Docket No. 15-1557 

Issued: October 4, 2016 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

On July 13, 2015 appellant filed a timely appeal of a June 18, 2015 nonmerit decision of 

the Office of Workers’ Compensation Programs (OWCP) denying her June 8, 2015 request for 

reconsideration. 

On January 3, 2014 appellant, then a 33-year-old customer service representative, filed an 

occupational disease claim (Form CA-2) alleging that on December 20, 2013 she developed 

anxiety, amnesia and loss of interest in her appearance and work due to a hostile work 

environment including a sexual harassment claim. By decision dated June 6, 2014, OWCP 

denied appellant’s emotional condition claim. Appellant requested reconsideration on 

June 8, 2015. By decision dated June 18, 2015, OWCP declined to reopen her claim for 

consideration of the merits as her request for reconsideration was not timely filed and failed to 

demonstrate clear evidence of error. 

Section 8124(a) of the Federal Employees’ Compensation Act 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 

 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

case, OWCP must provide a limited review 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

In the June 18, 2015 decision, OWCP did not discharge its responsibility to provide 

appellant a statement explaining how the evidence she submitted with her reconsideration 

request bears on the evidence previously of record, and whether this evidence demonstrates that 

OWCP committed an error. 

The case must be returned to OWCP for a proper decision on appellants June 2, 2015 

request for reconsideration. Following this and such further development as OWCP deems 

necessary, it shall issue an appropriate decision.4

ORDER 

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

Workers’ Compensation Programs be set aside and remanded for additional development 

consistent with this order of the Board. 

Issued: October 4, 2016 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 3 Nelson T. Thompson, 43 ECAB 919, 922 (1992). 

4 See J.Y., Docket No. 13-0471 (issued January 2, 2014).