United States Department of Labor

Employees’ Compensation Appeals Board

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R.C., Appellant

and

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS, Danbury, CT, Employer

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Docket No. 18-0311

Issued: June 11, 2018

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

ALEC J. KOROMILAS, Alternate Judge

On November 28, 2017 appellant filed a timely appeal from a June 30, 2017 decision of 

the Office of Workers’ Compensation Programs (OWCP), which found that her reconsideration 

request was untimely filed and failed to demonstrate clear evidence of error. The appeal was 

docketed as 18-0311.

OWCP initially accepted appellant’s claim on March 26, 2008 for neck sprain. It denied 

appellant’s request for authorization for a “diagnostic laryngoscopy, Fees Wilaryngeal sense test, 

interpret fee/laryngeal test, acid reflux, and dysphagia” on November 20, 2015. Appellant 

requested reconsideration on April 26, 2016. In a June 10, 2016 decision, OWCP denied 

modification of its prior decision. On June 12, 2017 appellant again requested reconsideration. In 

its June 30, 2017 decision, OWCP found that the reconsideration request was untimely filed and 

failed to demonstrate clear evidence of error.

The Board has duly considered the matter and finds that appellant’s request for 

reconsideration 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’s decision 

for which review is sought.1 In computing the time for requesting reconsideration, the one-year 

 

1 20 C.F.R. § 10.607(a).
2

period begins on the next day after the date of the original contested decision.2 The last day of the 

period shall be included unless it is a Saturday, a Sunday, or a legal holiday.3 Thus, the 

reconsideration request was timely filed, as June 10, 2017 was a Saturday and the request was 

received by OWCP on June 12, 2017, which was a Monday and within one year of the last merit 

decision. Because appellant filed a timely reconsideration request, the case will be remanded to 

OWCP for application of the standard for reviewing timely requests for reconsideration.4 The 

clear evidence of error standard utilized by OWCP in its June 30, 2017 decision is appropriate only 

for untimely reconsideration requests. After such further development as OWCP deems necessary, 

it should issue an appropriate decision to protect appellant’s appeal rights.

IT IS HEREBY ORDERED THAT June 30, 2017 decision of Office of Workers’

Compensation Programs is set aside and the case is remanded for further action consistent with 

this order of the Board

Issued: June 11, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

 

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, Reconsiderations, Chapter 2.1602.4 (February 2016).

3

Id. See also Order Remanding Case, N.L. Docket No. 17-1110 (issued September 6, 2017); Debra McDavid, 57 

ECAB 149 (2005); John B. Montoya, 43 ECAB 1148 (1992).

4 See 20 C.F.R. § 10.606(b).