D.R. and U.S. Postal Service, Boggs Road Post Office (Board decision, February 10, 2025)

ECAB remand decision. The Board set aside OWCP’s rejection of a reconsideration request and ordered review under the timely-request standard; the wage-loss claim remains unresolved. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A postal city carrier sought reconsideration of a decision denying disability compensation after a vehicle collision. OWCP treated his July 1, 2024 request as late because the earlier decision was issued June 29, 2023. The Board found that the one-year deadline fell on a Saturday, making the following Monday the last filing day. It remanded for OWCP to apply the standard for a timely reconsideration request.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Late-filing ruling set aside; reconsideration request remanded.
• Key point: A weekend deadline extended the filing period to Monday, July 1.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.R., Appellant
)
)
and ) Docket No. 25-0219
)
Issued: February 10, 2025
U.S. POSTAL SERVICE, BOGGS ROAD POST )
OFFICE, Duluth, GA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Wayne Johnson, 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 VALERIE D. EVANS-HARRELL, Alternate Judge

On January 6, 2025 appellant filed a timely appeal from a July 9, 2024 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0219.2

On October 11, 2019 appellant, then a 39-year-old city carrier assistant, filed a traumatic injury claim (Form CA-1) alleging that on September 17, 2019 he sustained injuries to his neck, right shoulder, and lower back when the mail truck he was operating was struck by an oncoming vehicle while in the performance of duty. He stopped work on the date of injury. On December 2, 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 The Board notes that, following the July 9, 2024 decision, OWCP received additional evidence. 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. 2019, OWCP accepted the claim for a lower back strain. It subsequently expanded its acceptance of the claim to include intervertebral lumbar disc disorders with radiculopathy and lumbar disc displacement at L4-5.

On July 7, 2021, appellant filed a claim for compensation (Form CA-7) for disability from work for the period July 18, 2020 through July 2, 2021.

By decisions dated October 27, 2020 and November 10, 2021, OWCP denied appellant’s claim for disability for the period July 20 through August 14, 2020. By decisions dated October 13, 2021, May 31, 2022, and June 29, 2023, OWCP denied appellant’s disability claim for the period August 15, 2020 through July 2, 2021, finding that the medical evidence of record was insufficient to establish disability from work during the claimed period due to the accepted September 17, 2019 employment injury.

On July 1, 2024 appellant, through counsel, requested reconsideration of OWCP’s June 29, 2023 decision and submitted legal argument.

By decision dated July 9, 2024, OWCP denied appellant’s request for reconsideration, finding that it was untimely filed and failed to demonstrate clear evidence of error. It noted that his July 1, 2024 reconsideration request was not received within one year of the last merit decision of June 29, 2023.

The Board has duly considered this matter and finds that the case must be remanded to OWCP for application of the appropriate standard of review as appellant’s July 1, 2024 request for reconsideration was timely filed. 3

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. 4 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 a legal holiday. 5 One year following OWCP’s June 29, 2023 merit decision was Saturday, June 29, 2024. As the last day of the one-year filing period fell on a weekend, appellant had until the close of business on Monday, July 1, 2024 to timely request reconsideration. Because OWCP received appellant’s request on July 1, 2024, the Board finds that it was timely filed. The clear evidence of error standard utilized by OWCP in its July 9, 2024 decision is appropriate only for untimely reconsideration requests. 6 Therefore, the Board will set aside OWCP’s July 9, 2024 decision and remand the case for

3
Order Remanding Case, R.K., Docket No. 20-1664 (issued September 1, 2022); Order Remanding Case, R.M., Docket No. 20-0728 (issued October 21, 2020); T.L., Docket No. 19-1110 (issued August 11, 2020). 4 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 2.1602.4 (September 2020). 5 Federal (FECA) Procedure Manual, id.
6
See 20 C.F.R. § 10.607(b).

2 application of the appropriate standard of review for timely requests for reconsideration as set forth at 20 C.F.R. § 10.606(b)(3). 7 Accordingly,

IT IS HEREBY ORDERED THAT the July 9, 2024 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: February 10, 2025
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

7
Order Remanding Case, P.J., Docket No. 19-0962 (issued December 30, 2019).

3