Printing - FECA-PT2 - National Association of Letter Carriers

(c)
(2) To modify the previous decision, the SrCE will prepare and release a Decision and
return the case to the responsible CE if any further action is needed. If this decision
represents the initial acceptance for the claim, an acceptance letter with the attachment
Now That Your Claim Has Been Accepted should be sent with the decision.
(a) If a previous decision is to be vacated and a condition, period of disability,
etc. is to be newly accepted, the SrCE should prepare a vacate order and a cover
letter which describes the acceptance in specific terms.
(b) If a previous decision is to be vacated in favor of reinstating the next prior
decision, the SrCE should prepare an order vacating the intermediate decision and
adopting the new findings. This situation will arise most often when the OWCP
exercises the right to review awards on the Director's own motion.
If a prior decision is to be affirmed in part and vacated in part, the SrCE will need to prepare a
decision which incorporates both the previous and new findings. Again, the cover letter to the
claimant should describe in detail the elements of the new decision. Such a decision does not carry
the right to a hearing/review but does carry the right to again request reconsideration or review by
the ECAB.
2-1602-9 Protecting Claimant's Further Appeal Rights
9. Protecting Claimant's Further Appeal Rights. The ECAB will accept appeals filed up to one year
from the date of the last merit decision. If a reconsideration decision is delayed beyond one year, the
claimant's right to review of the original decision by the ECAB is abrogated. In Tony J. Fosko, 35 ECAB
644, the ECAB remanded the case for a review on the merits, ruling that when the OWCP took 10 months
to deny an application for review, it had effectively used up the claimant's time to appeal to the Board.
When a reconsideration decision is delayed beyond 90 days, and the delay jeopardizes the claimant's
right to review of the merits of the case by the Board, the OWCP should conduct a merit review. That is,
the basis of the original decision and
any new evidence should be considered and, if there is no basis to change the original decision, an order
denying modification (rather than denying the application for review) should be prepared. There is no
obligation to conduct a merit review on insufficient evidence if the maximum one-year time limit for
requesting review by the Board will have expired within the 90 day period following the OWCP's receipt of
the claimant's reconsideration request.
FECA-PT2 Printed: 06/08/2010 682