United States Department of Labor

Employees’ Compensation Appeals Board

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R.G., Appellant

and

U.S. POSTAL SERVICE, DAYTON 

PROCESSING & DISTRIBUTION 

CENTER/FACILITY, Dayton, Ohio, Employer

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Docket No. 21-0676

Issued: January 6, 2022

Appearances: Case Submitted on the Record

Aaron B. Aumiller, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On March 29, 2021 appellant filed a timely appeal from a February 24, 2021 nonmerit 

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

Boards docketed the appeal as No. 21-0676.

On June 5, 2019 appellant, then a 54-year-old tractor trailer operator, filed a traumatic 

injury claim (Form CA-1) alleging that on April 17, 2019 he injured his back when pushing large 

heavy containers of mail while in the performance of duty.2

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 The claim form indicates that appellant stopped work in May2019, but the exact date is illegible.
2

After further development, OWCP denied the claim by decision dated September 4, 2019, 

finding that the evidence of record was insufficient to establish that appellant’s diagnosed 

conditions were causally related to the accepted April 17, 2019 employment incident.

On September 16, 2019 appellant requested reconsideration. By decision dated 

December 13, 2019, OWCP denied modification of the September 4, 2019 decision. 

On December 14, 2020 appellant, through counsel, requested reconsideration of the 

December 13, 2019 decision and submitted additional medical evidence. 

By decision dated February 24, 2021, OWCP denied appellant’s request for 

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

The Board has duly considered the matter and finds that appellant’s December 14, 2020 

request constituted a timely request for reconsideration. Section 10.607(a) of OWCP’s 

implementing regulations provides that a request for reconsideration must be received by OWCP 

within one year of the date of the decision for which review is sought. 3 When determining the 

one-year period for requesting reconsideration, the last day of the period should be included unless 

it is a Saturday, a Sunday, or a legal holiday.4 One year following OWCP’s December 13, 2019 

merit decision was Sunday, December 13, 2020. As the last day of the one-year filing period fell 

on a Sunday, appellant had until Monday, December 14, 2020 to timely request reconsideration. 

Because OWCP received appellant’s request on December 14, 2020, the Board finds that it was 

timely filed.5 The clear evidence of error standard utilized by OWCP in its February 24, 2021 

decision is appropriate only for untimely reconsideration requests.6 Therefore, the Board will set 

aside OWCP’s February 24, 2021 decision and remand the case for an appropriate decision 

applying the correct standard for timely requests for reconsideration.

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 Federal (FECA) Procedure Manual, id.

5 L.T., Order Remanding Case, Docket No. 21-0322 (issued June28, 2021); D.P., Order Remanding Case, Docket 

No. 20-0928 (issued December 17, 2020).

6

See 20 C.F.R. § 10.607(b).
3

IT IS HEREBY ORDERED THAT the February 24, 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: January 6, 2022

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board