by Lenin V. 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 argumens 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.)
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.
Call Federal Workers Compensation Consultants today for a free initial consultation at 813-931-1984
Federal Workers Compensation Consultants
Workers Compensation and Disability Retirement Specialists
9639 N. Armenia Avenue
Tampa, Florida 33612
Se Habla Espanol – 813-931-1984
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