Appealing an OWCP case before DOL ECAB

Section 8128(a) of Federal Emloyee Compensation Act (FECA) vests Office of Workers’ Compensation (OWCP) with discretionary authority to determine whether to review an award for or against compensation. The Secretary of Labor may review an award for or against compensation at any time on his own motion or on application.

To require OWCP to reopen a case for merit review pursuant to FECA, the claimant must provide evidence or argument which:

(1) shows that OWCP erroneously applied or interpreted a specific point of law;

(2) advances a relevant legal argument notreviously considered by OWCP; or

(3) constitutes relevant and pertinent new evidence not previously considered by OWCP.

A request for reconsideration must be received by OWCP within one year of the date of OWCP’s decision for which review is sought. If it chooses to grant reconsideration, it reopens and reviews the case on its merits. If the request is timely, but fails to meet at least one of the requirements for reconsideration, OWCP will deny the request for reconsideration without reopening the case for review on the merits.

Read the decision for an appeal filed by a Border Patrol agent that was denied by the DOL’s Employees’ Compensation Appeals Board (ECAB).