Appeals to the Office of Workers' Compensation Program

Note: EEO 21, LLC can help you with OWCP appeal. Contact Mr. Lee here.

➤ If you disagree with the attached decision, you have the right to request an appeal. If you wish to request an appeal, you should review these appeal rights carefully and decide which appeal to request.

There are 3 different types of appeal:

• HEARING (this includes either an Oral Hearing, or a Review of the Written Record),
• RECONSIDERATION, and
• ECAB REVIEW.

YOU MAY ONLY REQUEST ONE TYPE OF APPEAL AT THIS TIME.

Place an "X" on the attached form (RTF or PDF below) indicating which appeal you are requesting. Complete the information requested at the bottom of the form. Place the form on top of any material you are submitting. Then mail the form with attachments to the address listed for the type of appeal that you select. Always write the type of appeal you are requesting on the outside of the envelope ("HEARING REQUEST", "RECONSIDERATION REQUEST", or "ECAB REVIEW").

➤ Your appeal rights are as follows:

1. HEARING:

• If your injury occurred on or after July 4, 1966, and you have not requested reconsideration, as described below, you may request a Hearing. To protect your right to a hearing, any request for a hearing must be made before any request for reconsideration by the District Office (5 U.S.C. 8124(b)(1)). Any hearing request must also be made in writing, within 30 calendar days after the date of this decision, as determined by the postmark of your letter. (20 C.F.R. 10.616).

There are two forms of hearing. You may request either one or the other, but not both.

1. One form of Hearing is an Oral Hearing. An informal oral hearing is conducted by a hearing representative at a location near your home or by teleconference/videoconference. You may present oral testimony and written evidence in support of your claim. Any person authorized by you in writing may represent you at an oral hearing. At the discretion of the hearing representative, an oral hearing may be conducted by teleconference or videoconference.
2. The other form of a Hearing is a Review of the Written Record. This is also conducted by a hearing representative. You may submit additional written evidence, which must be sent with your request for review. You will not be asked to attend or give oral testimony.

2. RECONSIDERATION:

• If you have additional evidence or legal argument that you believe will establish your claim, you may request, in writing , that OWCP reconsider this decision. The request must be made within one calendar year of the date of the decision, clearly state the grounds upon which reconsideration is being requested, and be accompanied by relevant evidence not previously submitted. This evidence might include medical reports, sworn statements, or a legal argument not previously made, which apply directly to the issue addressed by this decision. In order to ensure that you receive an independent evaluation of the new evidence, persons other than those who made this determination will reconsider your case. (20 C.F.R. 10.605-610).

3. REVIEW BY THE EMPLOYEES' COMPENSATION APPEALS BOARD (ECAB):

• If you believe that all available evidence that would establish your claim has already been submitted, you have the right to request review by the ECAB (20 C.F.R. 10.625). The ECAB will review only the evidence received prior to the date of this decision (20 C.F.R. Part 501). Effective November 19, 2008, ECAB has changed its Rules of Procedure on the time limit to appeal and has eliminated its practice of allowing one year to file an appeal. Request for review by the ECAB must be made within 180 days from the date of this decision. More information on the new Rules is available at www.dol.gov/ecab.

If you request reconsideration or a hearing (either oral or review of the written record), OWCP will issue a decision that includes your right to further administrative review of that decision.

➤ More OWCP Guides

I. Source: http://federalcompensation.com/Monthly-Topic/denial-of-workers-compensation-and-medical-benefits.htm

If a claim is denied, the injured employee has the right to appeal by either requesting an oral hearing, requesting reconsideration, or asking for review from the Employees' Compensation Appeals Board (ECAB). ECAB does not accept new evidence; it makes its decision based on the record. Because the claimant's initial medical report can be at fault, submitting new evidence is crucial. Therefore, the best way to appeal a denial is usually by hearing or reconsideration.

II. Source: https://www.dol.gov/ecab/faqs/owcp.htm

Frequently Asked Questions

QUESTION: May I exercise appeal rights before OWCP and the Board at the same time regarding the same issue in a case?

ANSWER: No. When OWCP issues its decision, it provides a list of appeal rights. Among those options is a right to appeal OWCP’s decision to the Board. Please review these carefully before deciding which option to pursue. You may exercise only one review option at a time. Exercising more than one option at a time will delay development and adjudication of your appeal before the Board.

III. Source: http://www.federal-workers-comp.com/owcp-oral-hearings-by-telephone/

When a federal employee who has been injured on the job and subsequently filed an OWCP Workers’ Compensation claim receives a determination by OWCP of denial or termination  of the worker’s claim, it does not mean that is the permanent end of the worker’s claim. Fortunately, under OWCP the employee still has some appeal rights and options he/she may pursue to get the claim reinstated and properly mediated.

One of these options is the employee’s right to request and receive an Oral Hearing or Review of the Written Record. The Oral Hearing is a non-adversarial hearing with the employee, the employee’s representative, the hearing examiner and a professional transcriber present. The Oral Hearing gives the employee the opportunity to present additional facts and evidence for the examiner’s consideration and allows the claimant to further present his/her case before any final decision by the examiner and OWCP can be rendered.

IV. Source: http://www.federal-workers-comp.com/owcp-appeals/

OWCP Appeals
by L. Perez

There are three forms of appeals that one can ask for when one’s case is denied.

1. Oral Hearings or Review of the Written Record

The provision for this appeal is found under 5USC.8128 (a) which states: “Before review (reconsideration). A claimant not satisfied with a decision of the Secretary of Labor OWCP) is entitled, on request made within thirty days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary.” An oral hearing or review of the written record is not permitted if the employee has previously been granted reconsideration. In other words, an oral hearing or review of the written record can precede, but not follow, reconsideration by OWCP.

Telephonic Oral Hearings

OWCP Oral Hearings can now be conducted telephonically saving you the trouble and cost of attending your OWCP Oral Hearing in person. Federal Workers Compensation Consultants can now represent you during your OWCP Oral Hearing via telephone conference call.

2. Reconsiderations [also under 5USC 8128 (a)]

A request for Reconsideration must be made in writing within one year of the last merit decision of record. The Reconsideration asks the Secretary of Labor (OWCP) to review legal arguments not previously made, or to examine new evidence which is also substantial in nature, such as:

(A) A statement of a reliable witness not previously submitted which supports the employee’s claim that an accident occurred during the performance of duty.

(B) A new medical report which provides medical rationale that is not contained in a previous medical report. (Note: An employee may be represented by any responsible individual before or at an OWCP Hearing. This individual can be a friend, an attorney, or an OWCP Consultant.)

3. ECAB

The ECAB is an appellate body in the Department of Labor separate and apart from OWCP. Decisions are issued by a three-member panel, each member which is appointed by the Secretary of Labor. The ECAB Appeal must be made within 180 days of the OWCP decision. This Appeal can be after a decision of an OWCP hearing representative, and for an OWCP decision from an Oral Hearing as review of the written record, or following a decision on a Motion for Reconsideration.

No new evidence can be submitted at this Appeal. Only the evidence of record at the time of Appeal is considered. After a decision is ordered, one can file for Reconsideration within one year of a decision rendered at ECAB by submitting either new medical evidence or new legal argument.

Disclaimer

• Mr. Lee is not an attorney but can represent clients in federal administrative processes, including EEOC hearings and MSPB hearings.
• Mr. Lee does not practice law and cannot provide attorney-client protection privileges.  However, as any union shop steward can, Mr. Lee can represent federal employees at any administrative proceeding including those referenced above.
• Mr. Lee cannot and does not represent clients at court proceedings.