A final decision issued by the FAB may be modified at any time on
OWCP's own motion. A final decision may also be modified on the motion
of the claimant within one year of the date on which such decision
became final, provided that the claimant can establish a mistake of
fact in the decision, or changed conditions. Modification may be
granted without regard to whether new evidence or information is
presented or obtained. If OWCP determines that modification is
warranted, it may issue a new recommended decision modifying the prior
final decision.
(a) The decision whether or not to modify a final decision under
this section is solely within the discretion of OWCP.
(b) Where OWCP grants modification of a final decision, any
resulting recommended decision is subject to the adjudicatory process
described in this subpart. However, the scope of review at the FAB will
be limited to review of the merits of the recommended decision. OWCP's
discretionary determination to modify the prior final decision is not
reviewable.
(c) Nothing in this section shall prevent a claimant from filing
another claim under the EEOICPA for compensation for an occupational
illness or a consequential injury for which he or she has not
previously sought compensation under the EEOICPA. In any event,
however, no claimant may receive more than one award of monetary
compensation under sections 3628(a)(1) or 3630(a) of the EEOICPA.
