United States Department of Labor

Employees’ Compensation Appeals Board

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S.J., Appellant

and

DEPARTMENT OF THE ARMY, TANKAUTOMOTIVE AND ARMAMENTS 

COMMAND, ANNISTON ARMY DEPOT, 

Anniston, AL, Employer

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Docket No. 23-0179

Issued: May 23, 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

VALERIE D. EVANS-HARRELL, Alternate Judge

On November 19, 2022 appellant filed a timely appeal from a May 23, 2022 nonmerit 

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

Boards assigned Docket No. 23-0179.

1

On January 7, 2021 appellant, then a 52-year-old heavy mobile equipment mechanic, filed 

a traumatic injury claim (Form CA-1) alleging that on January 13, 2020 she developed posttraumatic stress disorder (PTSD), moderate-to-severe depression, and anxiety causally related to 

factors of her federal employment, including “an extreme hostile work environment.” On the 

1 The Board notes that, following the May 23, 2022 decision appellant submitted 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

reverse side of the claim form, the employing establishment acknowledged that she was injured in 

the performance of duty. Appellant stopped work on January 13, 2020.2

Appellant submitted medical and factual evidence in support of her claim.

By decision dated February 19, 2021, OWCP denied appellant’s occupational disease 

claim, finding that the factors of her federal employment had not been established. It concluded, 

therefore, that the requirements had not been met to establish an injury as defined by FECA.

OWCP continued to receive evidence.

On February 22, 2022 appellant requested reconsideration and submitted additional 

evidence.

By decision dated May 23, 2022, OWCP denied appellant’s request for reconsideration, 

finding that it was untimely filed and failed to demonstrate clear evidence of error. It noted that 

her reconsideration request was not received until February 22, 2022.

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 year of the date 

of the decision for which review is sought.3 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. 4 One year following OWCP’s 

February 19, 2021 merit decision was February 19, 2022, which was a Saturday. Additionally, 

Monday, February 21, 2022 was a legal holiday. Accordingly, appellant had until Tuesday, 

February 22, 2022 to request reconsideration. Because OWCP received her reconsideration 

request on February 22, 2022, the Board finds that it was timely filed.5 The clear evidence of error 

standard utilized by OWCP in its May 23, 2022 decision is appropriate only for untimely 

reconsideration requests.6 Therefore, the Board will set aside OWCP’s May 23, 2022 decision and 

remand the case for an appropriate decision applying the correct standard for timely requests for 

reconsideration. Accordingly,

2 OWCP developed appellant’s claim as an occupational disease claim.

3

20 C.F.R. § 10.607(a). The one-year period begins on the next day after the date of the original 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).

4 Federal (FECA) Procedure Manual, id.

5

See Order Remanding Case, B.W.,Docket No. 20-1512 (issued August 24, 2021); Order Remanding Case, 

J.H., Docket No. 18-1367 (issued July 17, 2019); Order Remanding Case, C.B.,Docket No. 13-1732 (issued 

January 28, 2014); Steven E. Pratt, Docket No. 93-443 (issued February 2, 1994).

6

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

IT IS HEREBY ORDERED THAT the May 23, 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: May 23, 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