United States Department of Labor

Employees’ Compensation Appeals Board

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C.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Hazelwood, MO, Employer

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Docket No. 22-0233

Issued: August 11, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On November 29, 2021 appellant filed a timely appeal from a November 8, 2021 nonmerit 

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

Boards docketed the appeal as No. 22-0233.

On May 19, 2017 appellant, then a 55-year-old mail handler, filed a traumatic injury claim 

(Form CA-1) alleging that on August 20, 2016 he injured his right lower back when he picked up 

a heavy large flat rate box off a belt while in the performance of duty. He stopped work on that 

date.

Appellant submitted numerous medical reports from various medical providers dating from

September 1, 2016 through May 22, 2017. 

By decision dated June 30, 2017, OWCP accepted that the August 20, 2016 incident 

occurred as alleged and that a medical condition was diagnosed; however, it denied his claim, 

finding that the medical evidence of record was insufficient to establish causal relationship 

between his diagnosed condition and the accepted employment incident.

On April 19, 2018 appellant requested reconsideration and submitted additional medical 

reports dated September 7, 2016 through November 15, 2017.
2

By decision dated May 18, 2018, OWCP denied modification of the June 30, 2017 

decision. 

Appellant requested reconsideration on May 14, 2019 and July 29, 2020. He submitted a 

May 1, 2019 report and an undated narrative report from Dr. Dewey Dixon, a chiropractor.

By decisions dated August 6, 2019 and October 27, 2020, OWCP denied modification.

On October 27, 2021 appellant requested reconsideration.

In an October 12, 2021 statement, appellant described the various job positions that he had 

worked at the employing establishment over 35 years. He alleged that he worked 12 plus hours 

every night. Appellant explained that when he bent over a cultivator belt grabbing a large flat rate 

box, he felt a pull in his lower back and herniated his disc. He alleged that he never experienced 

back pain until the described employment incident.

By decision dated November 8, 2021, OWCP denied appellant’s request for 

reconsideration of the merits of his claim pursuant to 5 U.S.C. §8128(a). It summarily found that 

his reconsideration request did not raise a substantive legal question nor include new and relevant 

evidence, and was therefore insufficient to warrant a review of the prior decision.

The Board finds that the case is not in posture for decision.

5 U.S.C. § 8124(a) of the Federal Employees’ Compensation Act (FECA)1 provides that 

OWCP shall determine and make findings of fact and make an award for or against payment of 

compensation. Its regulations at 20 C.F.R. § 10.126 provide that the decision of the Director of 

OWCP shall contain findings of fact and a statement of reasons. As well, OWCP’s procedures 

provide that the reasoning behind OWCP’s decision should be clear enough for the reader to 

understand the precise defect of the claim and the kind of evidence which would overcome it.2

The Board further finds that OWCP summarily denied appellant’s request for 

reconsideration without complying with the review requirement of FECA and its implementing 

regulations.3In the November 8, 2021 decision, OWCP did not reference or discuss appellant’s 

arguments in his October 12, 2021 statement submitted after the most recent merit decision dated 

October 27, 2020.4 Accordingly, it did not discharge its responsibility to set forth findings of fact 

and a clear statement of reasons explaining the disposition so that appellant could understand the 

basis for the decision, i.e., why the argument and evidence had not met any of the requirements of 

1

5 U.S.C. § 8101 et seq.

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Chapter 2.1400.5 (February 2013) (all 

decisions should contain findings of fact sufficient to identify the benefit being denied and the reason for the 

disallowance).

3

See A.J. Docket No. 21-0944 (issued March 23, 2022); J.M., Docket No. 18-0729 (issued October 17, 2019); J.J., 

Docket No. 11-1958 (issued June 27, 2012).

4 C.H., Docket No. 20-0325 (issued July 17, 2020); see R.T., Docket No. 19-0604 (issued September 13, 2019); 

T.M., Docket No. 17-1609 (issued December 4, 2017).
3

20 C.F.R. § 10.606(b)(3), requiring OWCP to reopen the case for review of the merits of the 

claim.5 This case must therefore be remanded to OWCP for an appropriate decision on appellant’s 

reconsideration request that describes the evidence submitted on reconsideration and provides 

detailed reasons for accepting or rejecting the reconsideration request.

Accordingly, the Board will set aside OWCP’s November 8, 2021 decision and remand the 

case for OWCP to review the evidence and argument in support of appellant’s reconsideration 

request, make findings of fact, and provide a statement of reasons for its decision, pursuant to the 

standards set forth in section 5 U.S.C. § 8124(a) and 20 C.F.R. § 10.126. After that and other such 

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

IT IS HEREBY ORDERED THAT the November 8, 2021 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: August 11, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

5 Order Remanding Case, S.S., Docket No. 20-1351 (issued February15, 2022).