United States Department of Labor

Employees’ Compensation Appeals Board

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C.R., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Dallas, TX, Employer

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Docket No. 19-0127

Issued: August 20, 2019

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

JANICE B. ASKIN, Judge

On October 22, 2018 appellant filed a timely appeal from an August 27, 2018 decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

docketed the appeal as No. 19-0127.

1

On December 21, 2017 appellant, then a 46-year-old letter carrier, filed an occupational 

disease claim (Form CA-2) alleging that he sustained a lower/mid back and neck strain, which he 

attributed to factors of his federal employment including lifting packages up to 70 pounds and 

trays of mail up to 40 pounds, carrying mail bags weighing over 50 pounds, and walking up to 

seven miles per day. He explained that he initially thought the pain would resolve on its own, but 

despite some treatment his pain remained persistent. Appellant indicated that he first became 

aware of his condition and related it to his federal employment on September 4, 2017. He did not 

stop work.

By decision dated January 30, 2018, OWCP denied appellant’s occupational disease claim 

finding that the evidence of record was insufficient to establish that the events occurred as alleged. 

 

1 The Board notes that appellant submitted additional evidence on appeal. However, the Board’s Rules of Procedure

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on 

appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first 

time on appeal. Id.
2

It also found the medical evidence failed to establish a diagnosed medical condition causally 

related to the employment duties. 

On March 2, 2018 appellant requested reconsideration and subsequently provided 

additional evidence.

By decision dated April 23, 2018, OWCP modified its prior decision, noting that the 

evidence was sufficient to establish the factual component of fact of injury, but the claim remained 

denied as the medical evidence was insufficient to establish the medical component of fact of 

injury. Specifically, it found that the medical evidence did not establish a diagnosed medical 

condition causally related to the accepted employment factors. 

On June 5, 2018 appellant again requested reconsideration. No additional evidence was 

received. 

By decision dated August 27, 2018, OWCP denied appellant’s June 5, 2018 request for 

reconsideration finding that it was untimely filed and failed to demonstrate clear of evidence of 

error.

The Board has duly considered the matter and notes that appellant’s June 5, 2018 request 

constituted a timely request for reconsideration. Section 10.607(a) of OWCP’s 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.2 Appellant therefore had until April 23, 

2019 to timely requests reconsideration of the April 23, 2018 OWCP decision. Because appellant’s 

request was received on June 5, 2018, the Board finds that it was timely filed. The clear evidence 

of error standard utilized by OWCP in its August 27, 2018 decision is appropriate only for 

untimely reconsideration requests.

3

 Therefore, the Board will set aside OWCP’s August 27, 2018 

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

reconsideration. 

 

2 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).

3 See 20 C.F.R. § 10.607(b).
3

IT IS HEREBY ORDERED THAT the August 27, 2018 decision of the Office of 

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

consistent with this order of the Board.

Issued: August 20, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board