United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

S.H., Appellant

and

DEPARTMENT OF AGRICULTURE, U.S. 

FOREST SERVICE, Albuquerque, NM, 

Employer

__________________________________________

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Docket No. 23-0742

Issued: November 27, 2023

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 April 27, 2023 appellant filed a timely appeal from an April 13, 2023 nonmerit decision 

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

from OWCP’s last merit decision, dated December 27, 2021, 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 denied appellant’s request for an oral hearing as 

untimely filed, pursuant to 5 U.S.C. § 8124(b).

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On September 16, 2021 appellant, then a 39-year-old helicopter crewmember, filed a 

traumatic injury claim (Form CA-1) alleging that on August 20, 2021 he strained/sprained his left 

hand and fingers when he slept on uneven ground at a helibase, while in the performance of duty. 

He did not stop work.

In an examination report and work status form dated October 26, 2021, Dr. William 

Melton, an orthopedic surgeon, noted appellant’s complaints of left-hand numbness and tingling. 

On physical examination, he observed positive Tinel’s and Phalen’s test of appellant’s left wrist. 

Dr. Melton diagnosed left wrist carpal tunnel syndrome and left-hand pain. He authorized 

appellant to return to full-duty work. 

In an attending physician’s report (Form CA-20) dated October 28, 2021, Dr. Melton noted 

a diagnosis of left carpal tunnel syndrome. 

In a development letter dated November 22, 2021, OWCP informed appellant of the 

deficiencies of his claim. It advised him of the type of factual and medical evidence necessary to 

establish his claim. OWCP afforded appellant 30 days to respond.

In a December 14, 2021 report, Dr. Melton provided examination findings and diagnosed 

left wrist carpal tunnel syndrome and left-hand pain. He reported that he could not say if 

appellant’s condition was directly related to an injury at work. 

By decision dated December 27, 2021, OWCP accepted that the August 20, 2021

employment incident occurred as alleged, but denied appellant’s claim, finding that the medical 

evidence of record was insufficient to establish a diagnosed medical condition causally related to

the accepted August 20, 2021 employment incident. 

Appellant subsequently submitted a December 6, 2021 electromyography and nerve 

conduction velocity (EMG/NCV) study of the left upper extremity, which indicated evidence of 

moderate left median nerve compromise and moderate left ulnar nerve compromise .

On February 22, 2022 appellant requested an oral hearing before a representative of 

OWCP’s Branch of Hearings and Review regarding the December 27, 2021 decision. 

In a February 11, 2022 statement, received by OWCP on February 22, 2022, appellant 

indicated that he was working as a helicopter crewmember, fighting a wildfire, on August 20, 2021 

when he woke up after sleeping in a tent at a helibase to a numb, tingling sensation in his fingers. 

He alleged that he had submitted all required paperwork to OWCP for his on-the-job injury.

In a report dated February 22, 2022, Dr. Melton reviewed appellant’s history and provided 

examination findings. He diagnosed left carpal tunnel syndrome and left wrist pain. 

By decision dated April 13, 2023, OWCP denied appellant’s request for an oral hearing as 

untimely filed, finding that his request was not made within 30 days of its December 27, 2021 

decision. It, therefore, concluded that he was not entitled to a hearing as a matter of right. OWCP 
3

further exercised its discretion and determined that the issue in this case could be equally well 

addressed through a request for reconsideration along with the submission of new evidence. 

LEGAL PRECEDENT

Section 8124(b)(1) of FECA provides that a claimant for compensation not satisfied with 

a decision of the Secretary is entitled, on request made within 30 days after the date of the issuance 

of the decision, to a hearing on his or her claim before a representative of the Secretary.2 Sections 

10.617 and 10.618 of the federal regulations implementing this section of FECA provide that a 

claimant shall be afforded a choice of an oral hearing or a review of the written record by a 

representative of the Secretary.3 A claimant is entitled to a hearing or review of the written record 

as a matter of right only if the request is filed within the requisite 30 days as determined by 

postmark or other carrier’s date marking and before the claimant has requested reconsideration. 4 

Although there is no right to a review of the written record or an oral hearing, if not requested 

within the 30-day time period, OWCP may within its discretionary powers grant or deny 

appellant’s request and must exercise its discretion.5 

ANALYSIS

The Board finds that OWCP properly denied appellant’s request for an oral hearing as 

untimely filed, pursuant to 5 U.S.C. § 8124(b).

OWCP’s regulations provide that the request for an oral hearing must be made within 30 

days of the date of the decision for which review is sought.6 Because appellant’s hearing request 

was received by OWCP on February 22, 2022, it postdated OWCP’s December 27, 2021 decision 

by more than 30 days and, therefore, is untimely. Section 8124(b)(1) is unequivocal on the time 

limitation for filing a request for a hearing.7 Consequently, the Board finds that appellant was not 

entitled to an oral hearing as a matter of right.8

The Board further finds that OWCP, in its April 13, 2023 decision, properly exercised its 

discretionary authority, as appellant’s traumatic injury claim could be equally well addressed 

through a reconsideration request.

2

Id. at § 8124(b)(1).

3

20 C.F.R. §§ 10.616, 10.617.

4

Id. at § 10.616(a).

5 G.H., Docket No. 22-0122 (issued May 20, 2022); J.T., Docket No. 18-0664 (issued August12, 2019); Eddie 

Franklin, 51 ECAB 223 (1999); Delmont L. Thompson, 51 ECAB 155 (1999).

6

20 C.F.R. §§ 10.616, 10.617, and 10.618.

7

See S.N., Docket No. 22-1048 (issued April3, 2023); see also M.M., Docket No. 19-1171 (issued October 22, 

2019); William F. Osborne, 46 ECAB 198 (1994).

8

See D.S., Docket No. 21-1296 (issued March 23, 2022).
4

The Board has held that the only limitation on OWCP’s authority is reasonableness.9 An 

abuse of discretion is generally shown through proof of manifest error, clearly unreasonable 

exercise of judgment, or actions taken, which are contrary to both logic and probable deductions 

from established facts.10 In this case, the evidence of record does not establish that OWCP abused 

its discretion by denying appellant’s request for an oral hearing before an OWCP hearing 

representative.

11

 

CONCLUSION

The Board finds that OWCP properly denied appellant’s request for an oral hearing as 

untimely filed, pursuant to 5 U.S.C. § 8124(b).

ORDER

IT IS HEREBY ORDERED THAT the April 13, 2023 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: November 27, 2023

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

9 R.M., Docket No. 19-1088 (issued November 17, 2020). See also E.S., Docket No. 18-1750 (issued 

March 11, 2019).

10 T.B., Docket No. 20-0158 (issued March 18, 2022); T.G., Docket No. 19-0904 (issued November 25, 2019); see 

Daniel J. Perea, 42 ECAB 214, 221 (1990).

11 J.G., Docket No. 19-0555 (issued March 14, 2019).