(a) An application for reconsideration must be sent within one year
of the date of the OWCP decision for which review is sought. If
submitted by mail, the application will be deemed timely if postmarked
by the U.S. Postal Service within the time period allowed. If there is
no such postmark, or it is not legible, other evidence such as (but not
limited to) certified mail receipts, certificate of service, and
affidavits, may be used to establish the mailing date.
(b) OWCP will consider an untimely application for reconsideration
only if the application demonstrates clear evidence of error on the part
of OWCP in its most recent merit decision. The application must
establish, on its face, that such decision was erroneous.
(c) The year in which a claimant has to timely request
reconsideration shall not include any period subsequent to an OWCP
decision for which the claimant can establish through probative medical
evidence that he or she is unable to communicate in any way and that his
or her testimony is necessary in order to obtain modification of the
decision.
