United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

North Metro, GA, Employer

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Docket No. 18-0994

Issued: February 22, 2019

Appearances: Case Submitted on the Record

C.B. Weiser, Esq., for the appellant1

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 April 16, 2018 appellant, through counsel, filed a timely appeal from a December 7, 

2017 decision of the Office of Workers’ Compensation Programs (OWCP) denying her request 

for reconsideration as it was untimely filed and failed to demonstrate clear evidence of error. The 

Clerk of the Appellate Boards assigned Docket No. 18-0994.

OWCP accepted that on August 10, 2011 appellant sustained contusion of her scalp, neck 

sprain, and back sprain, lumbar region.

By decision dated June 24, 2013, OWCP denied appellant’s claim for compensation for the 

period August 16, 2011 and continuing. Appellant requested an oral hearing. By decision dated

February 12, 2014, a hearing representative offered the June 24, 2013 decision. It also denied 

expansion of the claim to include any additional conditions.

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

Appellant subsequently requested reconsideration. On October 24, 2014 OWCP issued a 

decision denying modification of its February 12, 2014 decision. It found that the additional 

medical evidence submitted failed to establish that appellant sustained an additional cervical 

condition as a result of an August 10, 2011 employment incident.2 Consequently, OWCP also 

determined that the medical evidence of record was insufficient to establish that appellant was 

entitled to wage-loss compensation for total disability commencing August 15, 2011 due to her 

accepted August 10, 2011 employment injury.

Appellant, through counsel, requested reconsideration on October 26, 2015 and submitted 

additional evidence in support of her request. By decision dated December 7, 2017, OWCP denied 

appellant’s reconsideration request, finding that it was untimely filed and failed to demonstrate 

clear evidence of error. 

The Board has considered the matter and finds that the October 26, 2015 request 

constituted a timely request for reconsideration. Section 10.607(a) of the implementing 

regulations provides that an application for reconsideration must be received by OWCP within one 

year of the date of the decision for which review is sought.3 In computing the time for requesting 

reconsideration, the last day of the period shall be included unless it is a Saturday, a Sunday, or a 

legal holiday.4 To be within the one year time limitation of the October 24, 2014 OWCP decision, 

appellant’s request for reconsideration needed to be received by OWCP by October 24, 2015, 

which was a Saturday. It is well established that, when a time limitation expires on a nonbusiness 

day, the limitation is extended to include the next business day.5 As October 24, 2015 was a 

Saturday, appellant had until October 26, 2015 to request reconsideration. Because appellant’s 

request for reconsideration was received on October 26, 2015, the Board finds that it was timely 

filed.6

Because appellant filed a timely reconsideration request, OWCP should have reviewed her 

request under the standard for timely reconsideration requests.7 The clear evidence of error 

standard utilized by OWCP in its December 7, 2017 decision is appropriate only for untimely 

 

2 OWCP accepted that on August 10, 2011 appellant, then 54-year-old mail processing clerk, sustained a neck 

sprain, lumbar sprain, and head contusion when a shelf fell and hit her while in the performance of duty.

3 20 C.F.R. § 10.607(a). The one year period begins on the next day after the date of the original contested decision. 

For merit decisions issued on or after August 29, 2011, a request for reconsideration must be received by OWCP 

within one year of OWCP’s decision for which review is sought. Federal (FECA) Procedure Manual, Part 2 -- Claims, 

Reconsiderations, Chapter 2.1602.4 (February 2016).

4 Debra McDavid, 57 ECAB 149 (2005); see Donna M. Campbell, 55 ECAB 241 (2004); Angel M. Lebron, Jr., 51 

ECAB 488 (2000); John B. Montoya, 43 ECAB 1148 (1992).

5

J.L., Docket No. 14-0703 (issued September 16, 2014).

6 See D.R., Order Remanding Case, Docket No. 16-1654 (issued January 4, 2017).

7 See 20 C.F.R. § 10.606(b)(3).
3

reconsideration requests.8 The Board will set aside OWCP’s December 7, 2017 decision and 

remand the case for an appropriate final decision on appellant’s timely request for reconsideration.

IT IS HEREBY ORDERED THAT the December 7, 2017 decision of the Office of 

Workers’ Compensation Programs is set aside and the case remanded for further development 

consistent with this order of the Board.

Issued: February 22, 2019

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

 

8

Id. at § 10.607(b).