United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

W.W. III, Appellant

and

U.S. POSTAL SERVICE, GREENSPRINGS

CARRIER FACILITY, Birmingham, AL, 

Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 22-0589

Issued: September 29, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 11, 2022 appellant filed a timely appeal from a January 19, 2022 nonmerit 

decision of the Office of Workers’ Compensation Programs (OWCP).1 As more than 180 days 

has elapsed from the last merit decision, dated August 18, 2021, to the filing of this appeal, 

pursuant to the Federal Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 

501.3, the Board lacks jurisdiction to review the merits of this case.

1 The Board notes that,following the January 19, 2022 decision, OWCP received additional evidence. 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

5 U.S.C. § 8101 et seq.
2

ISSUE

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

an oral hearing.

FACTUAL HISTORY

On September 13, 2011 appellant, then a 39-year-old city carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on September 12, 2011 his vehicle was rear ended injuring his 

neck, lower back, both shoulders, both wrists, and his coccyx while in the performance of duty. 

He stopped work on September 13, 2011. OWCP accepted the claim for sprain of the neck, 

contusion of the shoulder and upper arm, and bilateral contusion of the back. 3 Appellant returned 

to light-duty work on November 1, 2011 and OWCP paid him wage-loss compensation on the 

supplemental rolls due to medical appointments. He returned to full-time light-duty work on 

July 18, 2013.

By decision dated May 7, 2014, OWCP granted appellant a schedule award for 12 percent 

permanent impairment of his right upper extremity (shoulder).

Subsequently, appellant requested an increased schedule award.

After further development, by decision dated August 18, 2021, OWCP denied appellant’s 

claim for an increased schedule award. On September 2, 2021 appellant requested an oral hearing 

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

In a December 1, 2021 letter, OWCP’s hearing representative notified appellant that he had 

scheduled a telephonic hearing for January 5, 2022 at 10:00 p.m. Eastern Standard Time (EST). 

The notice included a toll-free number to call and provided the appropriate passcode and 

instructions on how to participate. The hearing representative mailed the notice to appellant’s last 

known address of record. Appellant did not appear for the hearing and no request for 

postponement was made.

By decision dated January 19, 2022, OWCP determined that appellant had abandoned his 

request for an oral hearing. It further found that there was no indication in the case record that he 

had contacted the Branch of Hearings and Review either prior to or subsequent to the scheduled 

hearing to explain his failure to appear.

LEGAL PRECEDENT

A claimant who has received a final adverse decision by OWCP may obtain a hearing by 

writing to the address specified in the decision within 30 days of the date of the decision for which 

3 OWCP assigned the present claim OWCP File No. xxxxxx536. It previously accepted appellant’s April9, 2005

traumatic injury claim for a right wrist sprain under OWCP File No. xxxxxx813. OWCP later accepted a right wrist 

sprain under OWCP File No. xxxxxx829 due to a May 23, 2006 employment injury. Its File Nos. xxxxxx536,

xxxxxx829, and xxxxxx813havebeen administratively combined by OWCP, with the latter serving as the master file. 
3

a hearing is sought.4 Unless otherwise directed in writing by the claimant, OWCP’s 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 scheduled date.5 OWCP has the burden of proving that 

it properly mailed to a claimant and any representative of record a notice of a scheduled hearing.6

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. 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.7

ANALYSIS

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

an oral hearing.

Following OWCP’s January 19, 2022 decision, appellant filed a timely request for an oral 

hearing before a representative of OWCP’s Branch of Hearings and Review. In a December 1, 

2021 letter, the hearing representative notified appellant that a telephonic hearing was scheduled 

for January 5, 2022 at 10:00 a.m. EST. The hearing notice was properly mailed to appellant’s last 

known address of record8 and included a toll-free number to call and provided the appropriate 

passcode and instructions on how to participate. There is no evidence of nondelivery of the hearing 

notice. However, appellant failed to appear for the scheduled hearing and he did not requ est a 

postponement or provide an explanation to OWCP for his failure to appear within 10 days of the 

scheduled hearing.9 The Board, thus, finds that OWCP properly determined that he abandoned his 

request for an oral hearing.10

4

20 C.F.R. § 10.616(a).

5

Id. at § 10.617(b).

6 H.C., Docket No. 22-0047 (issued May 25, 2022); C.H., Docket No. 21-0024 (issued November 29, 2021); T.R., 

Docket No. 19-1952 (issued April24, 2020); M.R., Docket No. 18-1643 (issued March 1, 2019); T.P., Docket No. 

15-0806 (issued September 11, 2015); MichelleR. Littlejohn, 42 ECAB 463 (1991).

7

20 C.F.R. § 10.622(f); Federal (FECA) Procedure Manual, Part 2 --Claims, Hearings and Review of the Written 

Record, Chapter 2.1601.6g (September 2020); A.J., Docket No. 18-0830 (issued January 10, 2019); L.B., Docket No. 

18-0533 (issued August 27, 2018).

8 H.C., supra note 6; E.S., Docket No. 19-0567 (issued August 5, 2019).

9

See A.J., supra note 7.

10 See E.S., supra note 8.
4

CONCLUSION

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

an oral hearing.

ORDER

IT IS HEREBY ORDERED THAT the January 19, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed

Issued: September 29, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board