United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

T.W., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Philadelphia, PA, Employer 

__________________________________________ 

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Docket No. 16-0402 

Issued: June 8, 2016 

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 December 15, 2015 appellant filed a timely appeal of a nonmerit decision of the 

Office of Workers’ Compensation Programs (OWCP) dated September 22, 2015 denying her 

June 24, 2015 request for reconsideration. The Board assigned docket No. 16-0402. 

On August 4, 2014 appellant filed a notice of occupational disease (Form CA-2) alleging 

that she developed right leg pain due to prolonged standing and heavy lifting in the performance 

of her job duties. OWCP denied this claim by decision dated December 4, 2014. Appellant 

requested reconsideration on February 23, 2015. By decision dated June 2, 2015, OWCP 

declined to review the merits of appellant’s claim as she failed to submit new evidence or 

argument in support of her request for reconsideration. Appellant again requested 

reconsideration on June 24, 2015. On September 22, 2015 OWCP directed appellant to refer to 

the appeal rights that accompanied the June 2, 2015 decision. 

Section 8124(a) of FECA provides that OWCP shall determine and make a finding of fact 

and make an award for or against payment of compensation.1

 Section 10.126 of Title 20 of the 

Code of Federal Regulations states that the decision shall contain findings of fact and a statement 

 1

 5 U.S.C. § 8124(a); see Hubert Jones, Jr., 57 ECAB 467 (2006); Paul M. Colosi, 56 ECAB 294 (2005). 
2

of reasons.2 Moreover, OWCP’s procedures provide that, if the evidence submitted is not 

sufficient to require a merit review, OWCP should issue a decision which discusses the evidence 

submitted, or lack thereof, and explicitly state the basis for the finding of insufficiency.3

 

In the September 22, 2015 decision, OWCP did not discharge its responsibility to provide 

appellant a statement explaining the disposition so that appellant could understand the basis for 

the decision as well as the precise defect and the evidence needed to overcome the denial of his 

claim. 

The case must be returned to OWCP for a proper decision on her July 24, 2015 request 

for reconsideration. Following this and such further development as OWCP deems necessary, it 

shall issue an appropriate decision.4 

IT IS HEREBY ORDERED THAT the September 22, 2015 Office of Workers’ 

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

consistent with this order of the Board. 

Issued: June 8, 2016 

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 

 2

 20 C.F.R. § 10.126; see also O.R., 59 ECAB 432 (2008). 

3

 Federal (FECA) Procedure Manual, Part 2 -- Claims, Reconsiderations, Chapter 2.1602.7(b) (October 2011). 

4 See J.Y., Docket No. 13-0471 (issued January 2, 2014).