L.M. and Department of the Treasury, Internal Revenue Service, Guaynabo, PR (Board decision, October 4, 2016)

ECAB remand decision. The Board set aside OWCP’s June 18, 2015 refusal to reconsider an emotional condition claim and remanded for a properly explained decision. The compensation claim remains unresolved. Under 20 C.F.R. § 501.6(d), this Board decision becomes final 30 days after issuance unless the Board fixed a different period in it. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

L.M., an IRS customer service representative, sought reconsideration of a denied emotional condition claim. OWCP found her request untimely and said it did not show clear evidence of error. The Board found that OWCP had failed to explain how the evidence submitted with the request compared with the prior record or whether it showed error. It set aside the reconsideration refusal and directed OWCP to issue a proper decision. The Board did not decide whether her underlying claim should be accepted.

Decision snapshot

• Authority: FECA decision findings requirement, 5 U.S.C. § 8124(a), and 20 C.F.R. § 10.126.
• Outcome: June 18, 2015 reconsideration refusal set aside and remanded.
• Key point: OWCP had to explain its limited review of the submitted evidence before denying reconsideration for lack of clear error.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.M., Appellant
)
)
and ) Docket No. 15-1557
) Issued: October 4, 2016
DEPARTMENT OF THE TREASURY,
)
INTERNAL REVENUE SERVICE,
)
Guaynabo, PR, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge
ALEC J. KOROMILAS, Alternate Judge

On July 13, 2015 appellant filed a timely appeal of a June 18, 2015 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP) denying her June 8, 2015 request for reconsideration.

On January 3, 2014 appellant, then a 33-year-old customer service representative, filed an occupational disease claim (Form CA-2) alleging that on December 20, 2013 she developed anxiety, amnesia and loss of interest in her appearance and work due to a hostile work environment including a sexual harassment claim. By decision dated June 6, 2014, OWCP denied appellant’s emotional condition claim. Appellant requested reconsideration on June 8, 2015. By decision dated June 18, 2015, OWCP declined to reopen her claim for consideration of the merits as her request for reconsideration was not timely filed and failed to demonstrate clear evidence of error.

Section 8124(a) of the Federal Employees’ Compensation Act provides that OWCP shall determine and make a finding of fact and make an award for or against payment of compensation.1 Section 10.126 of Title 20 of the Code of Federal Regulations dictates that the decision shall contain findings of fact and a statement of reasons.2 In a clear evidence of error 1 5 U.S.C. § 8124(a); see Hubert Jones, Jr., 57 ECAB 467 (2006); Paul M. Colosi, 56 ECAB 294 (2005).
2
20 C.F.R. § 10.126; see also O.R., 59 ECAB 432 (2008). case, OWCP must provide a limited review explaining how the evidence appellant has submitted with her reconsideration request bears on the evidence previously of record, and whether this evidence demonstrates that OWCP committed an error.3

In the June 18, 2015 decision, OWCP did not discharge its responsibility to provide appellant a statement explaining how the evidence she submitted with her reconsideration request bears on the evidence previously of record, and whether this evidence demonstrates that OWCP committed an error.

The case must be returned to OWCP for a proper decision on appellants June 2, 2015 request for reconsideration. Following this and such further development as OWCP deems necessary, it shall issue an appropriate decision.4

ORDER

IT IS HEREBY ORDERED THAT the June 18, 2015 decision of the Office of Workers’ Compensation Programs be set aside and remanded for additional development consistent with this order of the Board.

Issued: October 4, 2016
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge
Employees’ Compensation Appeals Board

3
Nelson T. Thompson, 43 ECAB 919, 922 (1992).
4
See J.Y., Docket No. 13-0471 (issued January 2, 2014).

2