T.T. and U.S. Postal Service, Processing & Distribution Center (Board decision, August 24, 2026)

ECAB final decision. The Board affirmed OWCP's denial of an oral hearing request as untimely; it did not review the travel reimbursement merits. 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). Under 5 U.S.C. § 8128(b), FECA compensation decisions are generally not subject to court review.

Plain-English summary

A postal processing clerk sought reimbursement for medical travel expenses connected to an accepted back injury. OWCP approved some expenses but denied others. She requested an oral hearing more than 30 days after that decision. The Board held that the request was late and that OWCP reasonably declined to grant a hearing in its discretion because she could seek reconsideration with more evidence. It affirmed the hearing denial without reviewing the reimbursement decision itself.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8124(b); 20 C.F.R. § 10.616(a).
• Outcome: Denial of a late oral hearing request affirmed.
• Key point: The statutory hearing right required a request within 30 days of OWCP's decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.T., Appellant
)
)
and ) Docket No. 26-0517
) Issued: August 24, 2026
U.S. POSTAL SERVICE, PROCESSING &
)
DISTRIBUTION CENTER, Charlotte, NC,
)
Employer
)
__________ )

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 JANICE B. ASKIN, Judge

JURISDICTION

On May 7, 2026 appellant filed a timely appeal from a March 11, 2026 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). As more than 180 days has elapsed from the last merit decision dated October 29, 2025, to the filing of this appeal, pursuant to the Federal Employees’ Compensation Act (FECA)1 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.
FACTUAL HISTORY

This case has previously been before the Board on a different issue2. The facts and circumstances set forth in the Board’s prior decision are incorporated herein by reference. The relevant facts are as follows.

On June 3, 2020 appellant, then a 38-year-old processing clerk, filed an occupational disease claim (Form CA-2) alleging that she developed a back condition due to factors of her federal employment. She noted that she first became aware of her condition on August 4, 2018, and realized its relationship to her federal employment on May 20, 2020. By decision dated January 29, 2021, OWCP accepted the claim for lumbar and thoracic ligament sprains.

OWCP subsequently received a series of medical travel refund requests (Form OWCP-
957) for mileage and meal expenses.

   By decision dated October 29, 2025, OWCP approved appellant’s claim for travel

reimbursement in part. However, it denied the remainder of the requested travel expenses.

    On March 9, 2026, via OWCP’s Employees’ Compensation Operations & Management

Portal (ECOMP), appellant requested an oral hearing before a representative of OWCP’s Branch of Hearings and Review.

    By decision dated March 11, 2026, OWCP denied appellant’s request for an oral hearing,

pursuant to 5 U.S.C. § 8124(b). It found that the March 9, 2026 request was not made within 30 days of the October 29, 2025 decision, and, therefore, was untimely filed. OWCP further exercised its discretion and determined that the issue in the case could equally well be addressed through a request for reconsideration before OWCP along with the submission of new evidence.

                                      LEGAL PRECEDENT

   Section 8124(b) of FECA states: “Before review under section 8128(a) of this title, a

claimant for compensation not satisfied with a decision of the Secretary ... is entitled, on request made within 30 days after the date of issuance of the decision, to a hearing on his or her claim before a representative of the Secretary.” Section 10.615 of OWCP’s federal regulations, implementing this section of FECA, provides that a claimant who requests a hearing can choose between two formats, either an oral hearing or a review of the written record by an OWCP hearing representative.3 As section 8124(b)(1) is unequivocal in setting forth the time limitation for requesting a hearing, a claimant is not entitled to a hearing as a matter of right unless the request is made within the requisite 30 days.4 The date of filing for an oral hearing or review of the written

2
5 U.S.C. § 8124(b)(1).
3
20 C.F.R. § 10.615.
4
S.L., Docket No. 26-0368 (issued June 17, 2026); T.A., Docket No. 18-0431 (issued November 7, 2018); Ella M.
Garner, 36 ECAB 238, 241-42 (1984).

                                                   2

record is fixed by postmark or other carrier’s date marking,5 or the date received in the Employees’ Compensation Operations & Management Portal (ECOMP), and before the claimant has requested reconsideration.6 Although there is no right to a hearing/review of the written record 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.7

                                             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 procedures provide that a request for an oral hearing/review of the written record

must be made within 30 days of the date of the decision for which a review is sought.8 Appellant, therefore, had 30 days following OWCP’s October 29, 2025 merit decision to request an oral hearing/review of the written record. As she did not request an oral hearing until March 9, 2026, more than 30 days after OWCP’s October 29, 2025 decision, it was untimely filed and she was, therefore, not entitled to an oral hearing as a matter of right.9

    OWCP also has the discretionary power to grant an oral hearing or review of the written

record even if the claimant is not entitled to review as a matter of right. The Board finds that OWCP, in its March 11, 2026 decision, properly exercised its discretion by determining that the issue in the case could be equally well addressed through a request for reconsideration before OWCP, along with the submission of additional evidence.

   The Board has held that the only limitation on OWCP’s authority is reasonableness. 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 deduction from established facts.10 Accordingly, 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).

5
20 C.F.R. § 10.616(a).
6
Id.; Federal (FECA) Procedure Manual, Part 2 -- Claims, Hearings and Reviews of the Written Record, Chapter
2.1601.4a (February 2024); D.W., Docket No. 25-0019 (issued November 22, 2024). 7 M.F., Docket No. 21-0878 (issued January 6, 2022); W.H., Docket No. 20-0562 (issued August 6, 2020); P.C., Docket No. 19-1003 (issued December 4, 2019); Eddie Franklin, 51 ECAB 223 (1999); Delmont L. Thompson, 51 ECAB 155 (1999). 8 S.L., supra note 6; J.P., Docket No. 25-0860 (issued January 5, 2026); J.C. (S.C.), Docket No. 24-0576 (issued August 28, 2024). 9
J.P., id.; see W.N., Docket No. 20-1315 (issued July 6, 2021); see also G.S., Docket No. 18-0388 (issued
July 19, 2018).
10
See S.I., Docket No. 22-0538 (issued October 3, 2022); T.G., Docket No. 19-0904 (issued November 25, 2019);
Daniel J. Perea, 42 ECAB 214 (1990) (Thomas, Alternate Member, dissenting). See also, P.G., Docket No. 24-0447 (issued August 12, 2024); D.S., Docket No. 21-1296 (issued March 23, 2022).

                                                   3
                                 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 March 11, 2026 decision of the Office of

Workers’ Compensation Programs is affirmed.

Issued: August 24, 2026
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

4