United States Department of Labor

Employees’ Compensation Appeals Board

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D.R., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Baltimore, MD, Employer

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Docket No. 21-1229

Issued: July 6, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

JAMES D. McGINLEY, Alternate Judge

On August 6, 2021 appellant filed a timely appeal from a March 4, 2021 nonmerit decision 

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

docketed the appeal as No. 21-1229.

1

On February 4, 2014 appellant, then a 46-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on that date she slipped on ice while delivering mail and sustained 

multiple injuries while in the performance of duty. On March 31, 2014 OWCP accepted her claim 

for left ankle sprain, neck sprain, sprain of the back thoracic region, and sprain of the back lumbar 

region. On July 10 and August 20, 2014 it expanded acceptance of her claim to include 

displacement of the lumbar intervertebral disc without myelopathy, lesion of the radial nerve, 

closed dislocation of multiple cervical vertebrae, closed dislocation of lumbar vertebrae, contusion 

of the left forearm, and injury to the left radial nerve.

1 The Board notes that,following the March4, 2021decision, appellant submitted additional evidence to OWCP. 

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

OWCP further developed appellant’s claim, which included referring her to a second 

opinion physician and a referee physician.

On November 30, 2016 OWCP issued a notice proposing to terminate appellant’s wageloss compensation and medical benefits as she no longer had disability or residuals causally related 

to her accepted employment injury. It allowed her 30 days to respond to the proposal. 

On January 10, 2017 OWCP terminated appellant’s wage-loss compensation and medical 

benefits, effective February 5, 2017, finding that the special weight of the evidence was 

represented by the referee physician.

On February 10, 2017 appellant requested a hearing before a representative of OWCP’s 

Branch of Hearings and Review. A hearing was held on June 2, 2017.

By decision dated August 31, 2017, OWCP’s hearing representative reversed the 

January 10, 2017 termination decision in part. The hearing representative found that appellant

continued to experience disabling residuals of radial nerve lesion, but the medical evidence of 

record was sufficient to establish that her other accepted conditions had resolved. 

Following the August 31, 2017 merit decision, appellant continued to request 

reconsideration of her claim. By decisions dated November 28, 2018 and February 26, 2020, 

OWCP denied modification of the August 31, 2017 hearing decision. 

On March 3, 2021 appellant requested reconsideration of OWCP’s February 26, 2020

decision. The evidence submitted in support of the reconsideration request included an 

electromyogram and nerve conduction velocity study dated June 26, 2019, magnetic resonance 

imaging (MRI) scans of the right and left hip dated October 2, 2019, MRI scans of the lumbar 

spine dated October 6, 2020 and January 26, 2021; a January 31, 2020 Social Security 

Administration fully favorable decision; an MRIscan of the cervical spine dated January 27, 2021,

and a document from a health care provider dated February 25, 2021, which provided an extensive 

review of appellant’s complete OWCP file and medical records. 

By decision dated March 4, 2021, OWCP denied appellant’s request for reconsideration of 

the merits of her claim, finding that it was untimely filed and failed to demonstrate clear evidence 

of error.

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

OWCP summarily denied appellant’s request for reconsideration without complying with 

the review requirements of FECA and its implementing regulations.2 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.3 Its regulations at 20 C.F.R. § 10.126 provide that the decision of the 

2 M.D., Docket No. 20-0868 (issued April28, 2021); T.P., Docket No. 19-1533 (issued April30, 2020); see also

20 C.F.R. § 10.607.

3

5 U.S.C. § 8124(a).
3

Director of OWCP shall contain findings of fact and a statement of reasons. 4 As well, OWCP’s 

procedures provide that the reasoning behind OWCP’s evaluation should be clear enough for the 

reader to understand the precise defect of the claim and the kind of evidence which would 

overcome it.5

In denying appellant’s reconsideration request, OWCP failed to analyze whether it was 

sufficient to demonstrate clear evidence of error. The March 4, 2021 decision simply noted: “We 

did consider your request under 20 C.F.R. § 10.607(b) to determine whether you presented clear 

evidence that [OWCP’s] last merit decision was incorrect.” However, OWCP did not address 

appellant’s contentions raised in her reconsideration request. Furthermore, it provided no 

discussion relative to the evidence submitted.6

The Board finds that OWCP failed to properly explain the findings with respect to the issue 

presented so that appellant could understand the basis for the decision, i.e., whether she had 

demonstrated clear evidence that OWCP’s last merit decision was incorrect.7 The Board will,

therefore, set aside OWCP’s March 4, 2021 decision and remand the case for findings of fact and 

a statement of reasons, to be followed by an appropriate decision regarding appellant’s 

reconsideration request.8 Accordingly,

4

20 C.F.R. § 10.126.

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

6 M.D., Docket No. 20-0868 (issued April28, 2021); see also Order Remanding Case, C.G., Docket No. 20-0051 

(issued June 29, 2020); R.T., Docket No. 19-0604 (issued September 13, 2019); R.C., Docket No. 16-0563 (issued 

May 4, 2016).

7 OWCP’s regulations and procedures provide that OWCP will reopen a claimant’s case for merit review, 

notwithstanding the one-year filing limitation set forth in 20 C.F.R. § 10.607(a), if the claimants request demonstrates 

clear evidence of error on the part of OWCP. Supranote 5 at Chapter 2.1602.5(a) (September 2020).

8 M.D., Docket No. 20-0868 (issued April28, 2021); T.P., Docket No. 19-1533 (issued April30, 2020); see also

20 C.F.R. § 10.607.
4

IT IS HEREBY ORDERED THAT the March 4, 2021 decision of the Office of Workers’

Compensation Programs is set aside. The case is remanded for further proceedings consistent with 

this order of the Board.

Issued: July 6, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board