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U.S. DEPARTMENT OF LABOR
Employees' Compensation Appeals Board
Washington, D.C. 20210
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PROCESSING AN APPEAL
APPEALS: The Employees' Compensation Appeals
Board (Board) is an appellate body with jurisdiction to consider
and decide appeals from the final decisions of the Office of
Workers' Compensation Programs (Office). The Board is independent
of and a separate agency distinct from the Office. Once a final
decision has been issued by the Office, an appeal may be filed
with the Board for up to one year from the date of the Office's
decision. The Board does not have authority to authorize requests
for medical treatment or other matters relating to the claim
during the processing of the appeal. The Board strives to process
appeals in the order in which they are filed and as expeditiously
as possible.
REPRESENTATION: An appellant may be represented
before the Board by an attorney, union representative, or other
individual. The appellant must submit a signed statement
authorizing his/her representation before the Board, either by
completed items number 8 and 9 on the Application for Review
(AB-1) Form or submitting a separate signed statement of
authorization. All fees for legal services performed require
approval of the Board. The payment of any fee approved by the
Board is the responsibility of the appellant.
NEW EVIDENCE: After the appeal is docketed, a
request is made by the Board to the Office to forward the case
record. The Board's review of a case is limited to that evidence
which was in the case record at the time the Office issued it's
final decision. New or additional evidence may not be submitted
for consideration by the Board. Should you have new evidence you
wish to have considered by the Office, a written request for
reconsideration may be addressed to the district office of the
Office for the area in which you reside.
ORAL ARGUMENT: Oral Argument may be requested
before the Board and is held only in Washington, D.C. The Board
does not pay for travel or incidental expenses related to
attending oral argument. The scheduling of the date for oral
argument can be expected to add to the time in which the appeal
is processed. If oral argument is not requested, the appeal will
be considered by the Board based on the case record as submitted
by the Office. Oral argument before the Board should not be
confused with a hearing before an Office hearing representative.
There is no provision for the introduction of new evidence or
testimony or questioning of witnesses. Oral Argument is appellate
in nature and must be confined to the evidence in the case record
and the issues raised.
BOARD DECISIONS: The Board will issue a written
decision or order in every appeal which sets forth the relevant
facts of the case, the applicable law, and the reasoning upon
which the Board based its action. A copy of the Board's final
decision will be sent to you and any duly authorized
representative. Please notify the Board of any change of address
during the pendency of an appeal.
PETITION FOR RECONSIDERATION: If you are not
satisfied with the decision of the Board, a petition for
reconsideration may be filed within 30 days from the date of the
Board's decision. The petition should set forth the error of fact
or law that you think the Board made; not just that you disagree
with the decision. If no petition for reconsideration is filed,
the decision of the Board becomes final after 30 days. A decision
of the Board is final as to the subject matter appealed and is
not subject to court review. After a decision of the Board
becomes final, any further request to reopen the claim must be
submitted to the district office of the Office for the area in
which you reside.
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