United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.M., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

CAPTAIN JAMES A. LOVELL FEDERAL 

HEALTH CENTER, N. Chicago, IL, Employer 

__________________________________________ 

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Docket No. 17-0877 

Issued: September 21, 2017 

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 

VALERIE D. EVANS-HARRELL, Alternate Judge 

On March 13, 2017 appellant, filed a timely appeal from a February 23, 2017 merit 

decision of the Office of Workers’ Compensation Programs (OWCP), which denied 

modification of a February 5, 2015 decision denying her occupational disease claim. The Board 

docketed the appeal as No. 17-0877. 

OWCP initially denied appellant’s occupational disease claim in a February 5, 2015 

decision. In an undated appeal request form received on May 28, 2015 and postmarked 

May 18, 2015, appellant requested an oral hearing. In a June 17, 2015 decision, OWCP 

denied appellant’s request for an oral hearing because it was untimely filed. It also further 

denied the request as the issues in the case could be adequately addressed by requesting 

reconsideration and submitting new evidence. On October 13, 2015, appellant appealed to the 

Board. In a March 15, 2016 decision, the Board affirmed the June 17, 2015 decision of OWCP.1

 

In an appeal request form dated August 31, 2016 and received on November 28, 2016, appellant 

requested reconsideration of the February 5, 2015 OWCP merit decision which denied her 

occupational disease claim. In a decision dated February 23, 2017, OWCP denied modification 

of the decision dated February 5, 2015. 

 1

 Docket 16-0046 (issued March 15, 2016). 
2

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.2 In this case, appellant sought review of the February 5, 2015 decision, but 

her request for reconsideration was not received until November 28, 2016. Thus, her request for 

reconsideration was received after the one-year time limitation from the date of the decision 

being appealed. 

OWCP will consider an untimely application for reconsideration only if the 

application demonstrates clear evidence of error on the part of OWCP in its most recent 

decision. The application must establish, on its face, that such decision was erroneous.3

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

reconsideration was untimely. Because appellant filed an untimely reconsideration request, the 

case will be remanded to OWCP for application of the correct standard for reviewing untimely 

reconsideration requests, the clear evidence of error standard.4

 The standard utilized by OWCP 

in its February 23, 2017 decision is appropriate only for timely reconsideration requests.5

 After 

such further development as OWCP deems necessary, it should issue an appropriate decision. 

IT IS HEREBY ORDERED THAT the February 23, 2017 decision is set aside and the 

case is remanded for further action consistent with this order. 

Issued: September 21, 2017 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Valerie D. Evans-Harrell, Alternate Judge 

 Employees’ Compensation Appeals Board 

 2

 20 C.F.R. § 10.607(a). 

3 Id. at § 10.607. See also A.B., Docket No. 15-0521 (issued June 13, 2016). 

4 Id. at § 10.607(b). 

5 Id. at § 10.606(b).