United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

R.G., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Riverdale, GA, Employer

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Docket No. 21-0706

Issued: April 17, 2023

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On April 7, 2021 appellant, through counsel, filed a timely appeal from a January 29, 2021 

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

Appellate Boards assigned the appeal Docket No. 21-0706.

On July 31, 2017 appellant, then a 43-year-old city carrier associate, filed a traumatic injury 

claim (Form CA-1) alleging that she sustained a left knee laceration as well as left arm, left 

shoulder, breastbone, and back injuries on July 29, 2017 when she was involved in a motor vehicle 

accident while in the performance of duty. She stopped work on the date of injury. OWCP initially 

accepted the claim for contusion of the lower back, pelvis, unspecified part of the neck, and left 

knee, and laceration without foreign body of the left knee. It later expanded the acceptance of the 

claim to include rotator cuff tear or rupture of the left shoulder, not specified as traumatic, and 

unilateral post-traumatic osteoarthritis of the left knee.

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

By merit decision dated December 16, 2019, OWCP denied expansion of the acceptance 

of appellant’s claim to include right shoulder rotator cuff strain, cervical radiculopathy, bilateral

upper limb carpal tunnel syndrome, and bilateral upper extremity median neuropathy. It found 

that the medical evidence of record was insufficient to establish a causal relationship between her

diagnosed conditions and the accepted July 29, 2017 employment injury. The decision was mailed 

to appellant’s last known address of record.

OWCP subsequently received additional medical evidence in support of expansion of 

appellant’s claim to include additional conditions involving her right shoulder, cervical and lumbar 

areas of the spine, bilateral upper extremities, and left knee. 

In a letter dated December 22, 2020, OWCP advised appellant that, while she had recently 

contacted OWCP regarding expansion of her claim, by decision dated December 16, 2019, it had 

denied her request. It thereafter noted receipt of a December 2, 2020 medical report and indicated 

that there was no “medical information” to support expansion of her claim for the conditions 

diagnosed in the December 2, 2020 report.

2

On January 14, 2021 appellant requested reconsideration and submitted additional medical 

evidence in support of her expansion claim.

By decision dated January 29, 2021, OWCP denied appellant’s request for reconsideration 

of the merits of her claim, finding that it was untimely filed and failed to demonstrate clear 

evidence of error. 

The Board finds that this case is not in posture for decision.

The Board notes that while OWCP’s December 22, 2020 letter was not accompanied by 

appeal rights, it was a final adverse decision issued by OWCP. This letter contained findings of 

fact and a statement of reasons.3 The December 22, 2020 letter also specifically concluded that 

the medical evidence of record was insufficient to establish expansion of the acceptance of the 

claim. Given the circumstances of this case, the Board concludes that the December 22, 2020 

letter was an appealable final decision subject to review under 20 C.F.R. §§ 501.2(c) and 501.3(a).

4

As appellant’s request for reconsideration was received within one year of the 

December 22, 2020 decision, it was timely filed.

5

 OWCP, therefore, should have applied the 

standard reserved for timely reconsideration requests as set forth in 20 C.F.R. § 10.606(b)(3). As

it erroneously reviewed the evidence submitted in support of appellant’s reconsideration request 

2 This letter was not accompanied by appeal rights.

3 5 U.S.C. § 8124(a); 20 C.F.R. § 10.126.

4 See, K.W., Docket No. 18-0055 (issued March 8, 2019); L.L. Docket No. 18-0117 (issued February 25, 2019). 

5 A request for reconsideration must be received within one year of the date of OWCP’s decision for which review 

is sought. Timeliness is determined by the document receipt date (i.e., the “received date” in OWCP’s Integrated 

Federal Employees’ Compensation System (iFECS)). 20 C.F.R. § 10.607(a); Federal (FECA) Procedure Manual, Part 

2 -- Claims, Reconsiderations, Chapter 2.1602.4(b) (September 2020).
3

under the more stringent clear evidence of error standard for untimely requests for 

reconsideration,

6

the case must be remanded for review of the evidence under the proper standard 

of review for timely reconsideration requests.7 Following this and other such further development

as deemed necessary, OWCP shall issue an appropriate decision.

IT IS HEREBY ORDERED THAT the January 29, 2021 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: April 17, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

6 To demonstrate clear evidence of error, a claimant must submit evidence relevant to the issue, which was decided 

by OWCP. The evidence must be positive, precise, and explicit and must manifest on its face that OWCP committed 

an error. Evidence which does not raise a substantial question concerning the correctness of OWCP’s decision is 

insufficient to demonstrate clear evidence of error. Id. at Chapter 2.1602.5a (September 2020); see also C.M., Docket 

No. 19-1211 (issued August 5, 2020); S.C., Docket No. 18-0126 (issued May 14, 2016).

7 M.W., Docket No. 21-0841 (issued October 26, 2021); P.S., Docket No. 20-1192 (issued July 20, 2021);

E.S., Docket No. 17-0698 (issued July 14, 2017); Jack D. Johnson, 57 ECAB 593 (2006); Vicente P. Taimanglo, 45 

ECAB 504 (1994).