United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.B., Appellant

and

ENVIRONMENTAL PROTECTION AGENCY, 

Chicago, IL, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 22-0758

Issued: September 23, 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

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On April 19, 2022 appellant filed a timely appeal from an October 21, 2021 nonmerit 

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

Boards docketed the appeal as Docket No. 22-0758.

On December 15, 2016 appellant, then a 56-year-old remedial project manager/

environmental engineer, filed a traumatic injury claim (Form CA-1) alleging that on October 23, 

2015 she sustained neck and back injuries when she was rear-ended in a motor vehicle collision in 

the performance of duty.

Appellant submitted a motor vehicle accident report describing the alleged employment 

incident and a prescription form dated February 3, 2017 from Dr. Tian Xia, Board-certified in 

anesthesiology and pain medicine.

By decision dated February 10, 2017, OWCP accepted that the October 23, 2015 incident 

occurred as alleged, but denied the claim, finding that appellant had not submitted medical 

evidence containing a medical diagnosis causally related to the accepted incident.

On February 9, 2018 appellant requested reconsideration and submitted medical evidence. 

By decision dated May 1, 2018, OWCP modified the prior decision to find that appellant had 

established a diagnosed medical condition, but continued to deny the claim as the evidence of 
2

record was insufficient to establish a causal relationship between the accepted employment

incident and the diagnosed condition.

On May 1, 2019 appellant requested reconsideration and submitted additional medical 

evidence. By decision dated July 26, 2019, OWCP denied modification of the May 1, 2018 

decision.

On May 22, 2020 appellant requested reconsideration and submitted additional medical 

evidence. By decision dated September 11, 2020, OWCP denied modification of the July 26, 2019 

decision.

On September 12, 2021 appellant requested reconsideration and submitted an August 31, 

2021 statement and an August 27, 2021 report from Dr. Xia.

By decision dated October 21, 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 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 OWCPwithin one year 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 requestingreconsideration, the last day of the period should be included unless it is a Saturday, 

Sunday, or legal holiday.

2

 One year following OWCP’s September 11, 2020 merit decision was 

September 11, 2021, which was a Saturday. Accordingly, appellant had until Monday,

September 13, 2021 to request reconsideration. Because OWCP received her reconsideration

request on September 12, 2021, the Board finds that it was timely filed.3 The clear evidence of 

error standard utilized by OWCP in its October 21, 2021 decision is appropriate only for untimely 

reconsideration requests.4 Therefore, the Board will set aside OWCP’s October 21, 2021 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-yea r period begins on the next da y a fter the da te of the origina l contested decision. For

merit decisionsissuedonor afterAugust 29, 2011, a requestforreconsiderationmustbe received by OWCP within one

yea r of OWCP’s decision for which review is sought. Federa l (FECA) Procedure Ma nua l, Pa rt 2 -- Cla im s, 

Reconsiderations,Chapter 2.1602.4a (September 2020).

2 Federa l (FECA) Procedure Ma nua l, id.

3

See Order Remanding Case, K.G., Docket No. 21-1430 (issued June9, 2022); Order Remanding Case,B.W.,Docket

No. 20-1512 (issued August 24, 2021); J.H.,Docket No. 18-1367 (issuedJuly 17, 2019); C.B.,Docket No. 13-1732

(issued January 28, 2014); StevenE.Pratt,DocketNo. 93-443 (issued February 2, 1994).

4

See 20 C.F.R. § 10.607(b); see also id.
3

IT IS HEREBY ORDERED THAT October 21, 2021 decisionof the Office ofWorkers’

Compensation Programs is set aside, and the case is remanded for further proceedings consistent 

with this order of the Board.

Issued: September 23, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board