United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

K.L., Appellant 

and 

DEPARTMENT OF HEALTH & HUMAN 

SERVICES, ADMINISTRATION FOR 

CHILDREN & FAMILIES, Washington, DC, 

Employer 

__________________________________________ 

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Docket No. 16-1474 

Issued: February 15, 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 July 11, 2016 appellant filed an appeal from a June 22, 2016 nonmerit decision of the 

Office of Workers’ Compensation Programs (OWCP) which denied appellant’s request for 

reconsideration, finding the evidence insufficient to warrant a merit review. 

The request for reconsideration filed by appellant on April 22, 2016 consisted only of a 

checkmark on a form. The record did, however, include medical evidence which OWCP had 

received after its initial denial of the claim on May 6, 2015 and before the June 22, 2016 

decision. 

The Board has duly considered the matter and notes that section 8124(a) of the Federal 

Employees’ Compensation Act1 (FECA) and section 10.126 of the implementing regulations2

require that final decisions of OWCP contain findings of fact and a statement of reasons. A 

decision denying a claim for benefits should contain a correct description of the basis for the 

denial in order that the parties in interest will have a clear understanding of the precise defect of 

the claim and the kind of evidence which would overcome it.3 The Board notes that OWCP’s 

 1

 5 U.S.C. § 8124(a). 

2

 20 C.F.R. § 10.126. 

3 Patrick Michael Duffy, 43 ECAB 280 (1991). 
2

June 22, 2016 decision stated: “We have reviewed your letter dated 04/19/2016 requesting 

reconsideration of our decision dated 05/15/2015. Please refer to the information which 

accompanied the original decision. To require the Office to reopen your case, you must clearly 

identify the grounds upon which reconsideration is being requested. Also, you must either 

submit relevant evidence not previously considered or present legal contentions not previously 

considered. Because your letter neither raised substantive legal questions nor included new and 

relevant evidence, it is insufficient to warrant a review of our prior decision at this time. Any 

future request for reconsideration must be made within one year from the prior decision and must 

be accompanied by statements or evidence as described above.” 

In its decision of June 22, 2016, OWCP failed to reference or review the new medical 

evidence which had been submitted by appellant. It failed to conform to its established 

procedure, provisions of FECA and its implementing regulations, and Board precedent, all of 

which require that a final adverse decision of OWCP contain findings of fact and a clear 

explanation of the deficiencies of the claim.4

 Because OWCP’s June 22, 2016 decision does not 

contain a clear description of the basis for the denial of the claim or the findings of fact reached 

therein, the Board finds that OWCP has not fulfilled its responsibility under section 8124 of 

FECA. 

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

Compensation Programs dated June 22, 2016 is set aside and the case remanded for a de novo

decision with appropriate findings of fact and conclusions of law. 

Issued: February 15, 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 Id.; see 5 U.S.C. § 8124(a); 20 C.F.R. § 10.126. See also Federal (FECA) Procedure Manual, Part 2 -- Claims, 

Disallowances, Chapter 2.1602.7 (October 2011) (regarding the format and contents of a nonmerit reconsideration 

decision).