United States Department of Labor

Employees’ Compensation Appeals Board

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R.J., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Oakland, CA, Employer

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Docket No. 22-1261

Issued: March 15, 2023

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 22, 2022 appellant filed a timely appeal from a February 25, 2022 nonmerit 

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

Appellate Boards assigned the appeal Docket No. 22-1261.

On September 21, 2020 appellant, then a 64-year-old letter carrier, filed an occupational 

disease claim (Form CA-2) alleging that he developed swelling, mild pain, and loss of range of 

motion in his left knee due to factors of his federal employment, including walking while 

delivering mail or parcels. He noted that he first became aware of his condition on August 13, 

2020 and first realized its relation to his federal employment on September 4, 2020. Appellant

stopped work on September 8, 2020. He submitted a narrative statement describing his 

employment duties and medical evidence.

By decision dated December 4, 2020, OWCP denied appellant’s occupational disease 

claim, finding that he had not established that his diagnosed left knee condition was causally 

related to the accepted factors of his federal employment. 

On December 6, 2021 appellant requested reconsideration. He submitted a narrative 

statement and additional medical evidence. 
2

By decision dated February 25, 2022, 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 request for 

reconsideration was timely filed. Section 10.607(a) of OWCP’s implementing regulations 

provides that a request for reconsideration must be received by OWCP within one yea r of the 

date of the decision for which review is sought.1 OWCP’s procedures further provide that, when 

determining the one-year period for requesting reconsideration, the last day of the period should 

be included unless it is a Saturday, Sunday, or legal holiday. 2 One year following OWCP’s 

December 4, 2020 merit decision was December 4, 2021, which was a Saturday. Accordingly, 

appellant had until Monday, December 6, 2021 to request reconsideration. Because OWCP 

received his reconsideration request on December 6, 2021 the Board finds that it was timely 

filed.3 The clear evidence of error standard utilized by OWCP in its February 25, 2022 decision 

is appropriate only for untimely reconsideration requests.4 Therefore, the Board will set aside 

OWCP’s February 25, 2022 decision and remand the case for an appropriate decision applying 

the correct standard for timely requests for reconsideration. 

1

20 C.F.R. § 10.607(a). The one-year period begins on the next day after the date of the origina lly 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 2.1602.4a (September 2020).

2 Federal (FECA) Procedure Manual, id. 

3

See Order Remanding Case, K.G., Docket No. 21-1430 (issued June 9, 2022); J.H., Docket No. 18-1367 (issued 

July 17, 2019); C.B., Docket No. 13-1732 (issued January 28, 2014); StevenE. Pratt, Docket No. 93 -443 (issued 

February2, 1994).

4

See 20 C.F.R. § 10.607(b).
3

IT IS HEREBY ORDERED THAT the February 25, 2022 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: March 15, 2023

Washington, D

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