United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

B.W., Appellant 

and 

DEPARTMENT OF THE ARMY, 

FORT BRAGG, NC, Employer 

__________________________________________ 

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Docket No. 16-1860 

Issued: May 4, 2017 

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 September 20, 2016 appellant filed a timely appeal from a March 23, 2016 decision 

of the Office of Workers’ Compensation Programs (OWCP) that denied her request for an oral 

hearing because it was untimely filed.1 The appeal was docketed as No. 16-1860. 

The Board, having duly reviewed the case record, notes that OWCP erred in finding that 

appellant’s hearing request was untimely. Section 8124(b)(1) of the Federal Employees’ 

Compensation Act (FECA) states unequivocally that a claimant not satisfied with a decision of 

OWCP has a right, upon timely request, to a hearing before a representative of OWCP.2

 A 

claimant is not entitled to a hearing if the request is not made within 30 days of the date of 

issuance of the decision as determined by the postmark or other carrier’s date marking of the 

request.3

 1

 Appellant filed a timely request for oral argument. By order dated February 8, 2017, the Board exercised its 

discretion and denied her request because her arguments could be adequately addressed in a decision based on a 

review of the case record. Order Denying Request for Oral Argument, Docket No. 16-1860 (issued 

February 8, 2017). 

2

 5 U.S.C. § 8124(b)(1). See A.B., 58 ECAB 546 (2007); Joe Brewer, 48 ECAB 411 (1997). 

3

 20 C.F.R. § 10.616(a); see Federal (FECA) Procedure Manual, Part 2 -- Claims, Hearings and Reviews of the 

Written Record, Chapter 2.1601.4(a) (October 2011). 
2

Following the January 14, 2016 OWCP decision that initially denied appellant’s claim, 

appellant requested an oral hearing, in the form of a telephone hearing, on February 16, 2016. 

The envelope containing the hearing request was postmarked on February 16, 2016. By decision 

dated March 23, 2016, OWCP denied appellant’s hearing request as untimely filed. The Board 

has held that, in computing a time period, the date of the event from which the designated period 

of time begins to run shall not be included while the last day of the period so computed shall be 

included unless it is a Saturday, a Sunday, or a federal holiday.4

 The 30-day time period for 

determining the timeliness of appellant’s hearing request began on January 15, 2016 and ended 

on February 13, 2016, a Saturday. The first regular business day after February 13, 2016 was 

Tuesday, February 16, 2016.5

 As appellant’s hearing request was postmarked on February 16, 

2016, her request for a hearing was timely. 

 Inasmuch as appellant’s hearing request was timely filed, the Board will set aside the 

March 23, 2016 decision and remand the case for OWCP to schedule an oral hearing. 

IT IS HEREBY ORDERED THAT the March 23, 2016 decision of the Office of 

Workers’ Compensation Programs be set aside and the case remanded for further action 

consistent with this order of the Board. 

Issued: May 4, 2017 

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 

 4

 John B. Montoya, 43 ECAB 1148 (1992); see Donna A. Christley, 41 ECAB 90 (1989). 

5

 Monday, February 15, 2016 was a federal holiday.