United States Department of Labor

Employees’ Compensation Appeals Board

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M.D., Appellant

and

FEDERAL DEPOSIT INSURANCE 

CORPORATION, Arlington, VA, Employer

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Docket No. 19-1957

Issued: June 22, 2020

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 24, 2019 appellant, through counsel, filed a timely appeal from an August 1, 

2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards docketed the appeal as No. 19-1957.2

On June 9, 2015 appellant, then a 57-year-old financial analyst, filed a traumatic injury 

claim (Form CA-1) alleging that on February 20, 2015 he tripped on a strip of concrete when

walking between the first and second floors of the employing establishment parking garage and 

“flew” forward, head first, into a concrete staircase, while in the performance of duty. He alleged 

that, as a result, he sustained a large bruise on his upper right arm and skinned both knees. 

 

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 This case has previously been before the Board. Docket No.17-0086 (issued August 3, 2017).
2

Appellant also experienced a sore right thigh, forearm cramps, soreness in his back, and tingling 

in his right hand and fingers.

By decision dated July 28, 2015, OWCP denied appellant’s claim, finding that he had not 

established the February 20, 2015 incident occurred as alleged. 

On June 7, 2016 appellant, through counsel, requested reconsideration and submitted 

evidence in support of his request. By decision dated August 24, 2016, OWCP denied modification 

of the July 28, 2015 OWCP decision. 

On October 20, 2016 appellant, through counsel, appealed to the Board. By decision dated 

August 3, 2017,3the Board affirmed OWCP’s August 24, 2016 decision, as modified. The Board 

found that the evidence submitted was sufficient to establish that the February 20, 2015 incident 

occurred as alleged and that appellant was in the performance of duty at the time of the incident. 

The Board, however, further found that appellant had not met his burden of proof to establish an 

injury causally related to the accepted February 20, 2015 employment incident.

On August 7, 2018 appellant, through counsel, requested reconsideration.

By decision dated August 1, 2019, OWCP denied modification, finding that the medical 

evidence of record was insufficient to establish causal relationship between the diagnosed medical 

condition and the accepted February 20, 2015 employment incident. 

Section 10.607(a) of OWCP’s regulations provides that a request for reconsideration must 

be received within one year of the date of OWCP’s last merit decision for which review is sought.4 

Timeliness is determined by the document receipt date of the request for reconsideration as 

indicated by the received date in the Integrated Federal Employees’ Compensation System

(iFECS).

5

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

reconsideration was untimely filed as it was not received until August 7, 2018, which is more than

one year from the last merit decision, which was the Board’s August 3, 2017 decision.

OWCP will consider an untimely request for reconsideration only if it demonstrates clear 

evidence of error on the part of its most recent decision. The request must establish, on its face, 

that such decision was erroneous.6 The standard utilized by OWCP in its August 1, 2019 decision 

is appropriate only for timely reconsideration requests. 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.7 After such 

 

3

Id.

4 20 C.F.R. § 10.607(a).

5 Federal (FECA) Procedure Manual, Part 2 -- Claims, Reconsiderations, Chapter 2.1602.4(b) (February 2016).

6

Id. at § 10.607. See also C.B., Docket No. 17-0933 (issued July 17, 2017); A.B., Docket No. 15-0521 (issued 

June 13, 2016).

7

Id. at § 10.606(b).
3

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

Accordingly,

IT IS HEREBY ORDERED THAT the August 1, 2019 decision of the Office of 

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

consistent with this order of the Board.

Issued: June 22, 2020

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board