United States Department of Labor

Employees’ Compensation Appeals Board

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M.P., Appellant

and

DEPARTMENT OF THE ARMY, 

COMMUNICATIONS ELECTRONICS 

COMMAND, ABERDEEN PROVING 

GROUND, Aberdeen, MD, Employer

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Docket No. 21-0990

Issued: May 24, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On June 14, 2021 appellant filed a timely appeal from a March 22, 2021 nonmerit decision 

of the Office of Workers’ Compensation Programs (OWCP). As more than 180 days have elapsed 

from OWCP’s last merit decision, dated November 20, 2020, to the filing of this appeal, pursuant 

to the Federal Employees’ Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the 

Board lacks jurisdiction over the merits of this case.

ISSUE

The issue is whether OWCP properly determined that appellant had abandoned his request 

for an oral hearing before a representative of OWCP’s Branch of Hearings and Review.

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On September 23, 2020 appellant, then a 55-year-old equipment specialist (electronics), 

filed an occupational disease claim (Form CA-2) alleging that he developed hearing loss due to

factors of his federal employment. He indicated that he had passed a hearing test prior to 

deployment and failed it upon “redeployment.” Appellant stated that he first became aware of his 

condition and its relation to his federal employment on September 17, 2019. He did not stop work. 

In support of his claim, appellant submitted an audiogram dated September 17, 2019 from

Jessica Boss, an audiologist. OWCP also received a position description of appellant’s duties as 

an equipment specialist (electronics).

In a development letter dated October 6, 2020, OWCP advised appellant that the evidence 

of record was insufficient to establish his claim. It advised regarding the type of factual and 

medical evidence needed and provided a questionnaire for his completion. In a separate 

development letter of even date, OWCP requested that the employing establishment provide 

comments from a knowledgeable supervisor regarding appellant’s allegations. It afforded both 

parties 30 days to respond.

In a November 6, 2020 response to OWCP’s questionnaire, R.M., a supervisor for the 

employing establishment, confirmed that appellant’s statements were accurate and suggested that 

appellant’s hearing loss occurred while he was deployed to Afghanistan in the line of duty. 

By decision dated November 20, 2020, OWCP denied appellant’s claim as he had not 

established that the events occurred as alleged. It concluded, therefore, that the requirements had 

not been met to establish an injury as defined by FECA.

On December 2, 2020 appellant requested a telephonic hearing before a representative of 

OWCP’s Branch of Hearings and Review. 

By letter dated February 5, 2021, an OWCP hearing representative advised appellant that 

a telephonic hearing would be held on March 10, 2021 at 9:15 a.m., Eastern Standard Time (EST). 

He provided appellant with a toll-free number and a pass code for the telephonic hearing. 

Appellant did not appear for the telephonic hearing.

By decision dated March 22, 2021, OWCP found that appellant had failed to appear at the 

oral hearing and had abandoned his request. It indicated that he received 30-days advanced notice 

of the hearing scheduled for March 10, 2021 and found that there was no evidence that he had 

contacted OWCP either prior to or subsequent to the scheduled hearing to request a postponement 

or explain his failure to appear.

LEGAL PRECEDENT

Under FECA and its implementing regulations, a claimant who has received a final adverse 

decision by OWCP is entitled to receive a hearing upon writing to the address specified in the 

decision within 30 days of the date of the decision for which a hearing is sought. Unless otherwise 

directed in writing by the claims examiner, an OWCP hearing representative will mail a notice of 

the time and place of the hearing to the claimant and any representative at least 30 days before the 
3

scheduled date.2 OWCP has the burden of proving that it mailed notice of the scheduled hearing 

to a claimant.3 Section 10.622(f) of OWCP’s regulations provides that a claimant who fails to 

appear at a scheduled hearing may request in writing within 10 days after the date set for the 

hearing that another hearing be scheduled.4 Where good cause for failure to appear is shown, 

another hearing will be scheduled and conducted by teleconference. The failure of the claimant to 

request another hearing within 10 days, or the failure of the claimant to appear at the second 

scheduled hearing without good cause shown, shall constitute abandonment of the request for a 

hearing. Where good cause is shown for failure to appear at the second scheduled hearing, review 

of the matter will proceed as a review of the written record.5 Where it has been determined that a 

claimant has abandoned his or her right to a hearing, OWCP will issue a formal decision finding 

that the claimant abandoned the request for a hearing.6

ANALYSIS

The Board finds that OWCP properly determined that appellant abandoned his request for 

a telephonic hearing before a representative of OWCP’s Branch of Hearings and Review.

The record establishes that on February 5, 2021, in response to appellant’s request for an 

oral hearing, a hearing representative properly mailed a notice of the scheduled telephonic hearing 

scheduled for March 10, 2021 at 9:15 a.m. EST. The hearing representative mailed the notice to 

appellant’s last known address of record and provided instructions on how to participate in the 

telephonic hearing. Appellant failed to call in for the scheduled telephonic hearing. He did not 

request a postponement or provide an explanation to OWCP for his failure to attend the hearing 

within 10 days of the scheduled hearing. The Board, thus, finds that OWCP properly determined 

that appellant abandoned his request for a telephonic hearing.7

CONCLUSION

The Board finds that OWCP properly determined that appellant abandoned his request for 

a telephonic hearing before a representative of OWCP’s Branch of Hearings and Review.

2

Id. at § 10.617(b).

3 T.R., Docket No. 19-1952 (issued April24, 2020); A.R., Docket No. 19-1691 (issued February 24, 2020).

4

20 C.F.R. § 10.622(f).

5

Id.

6 T.R., supra note 3; A.J., Docket No. 18-0830 (issued January 10, 2019); Federal (FECA) Procedure Manual, Part 

2 -- Claims, Hearings and Reviews of the Written Record, Chapter 2.1601.6(g) (September 2020).

7

Id.
4

ORDER

IT IS HEREBY ORDERED THAT the March 22, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: May 24, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board