The
Rules of Procedure of the Employees’ Compensation Appeals Board (Board),
codified at 20 C.F.R. Part 501, govern the processing of appeals before the
judges. The Rules have been recently revised and apply to appeals from decisions
of the Office of Workers’ Compensation Programs (Office or OWCP) issued on or
after November 19, 2008. Click here for HTML or PDF version of the new regulations. These are the first
substantial revisions to the Board’s Rules of Procedure in 46 years. For all
decisions issued prior to that date, the old regulations will apply. Click here for HTML version of the old regulations.
APPEALS
The Employees’ Compensation Appeals Board is an appellate body with
jurisdiction to consider and decide appeals from the final decisions of the
Office of Workers’ Compensation Programs. 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. The Rules of
Procedure establish the general procedures for filing and processing appeals
from final decisions of OWCP. The Board may not take jurisdiction from a
decision of the Office unless an appeal is made by the individual adversely
affected by the decision (appellant). The Rules require that, as of
November 19, 2008, an appeal must be filed within 180 days following the date
of the Office’s final decision. Any Office decision issued prior to
November 19, 2008 will be subject to the old Rules of Procedure which, in
practice, permit an appeal up to one year from the OWCP decision. Please
note how these time limitations may apply to your case.
NO NEW
EVIDENCE The Board’s jurisdiction is limited to a consideration of
the evidence of record at the time of the OWCP final decision. The Board may
not take jurisdiction over informational or other routine letters sent by OWCP
pertaining to your claim. The judges may not consider new evidence on
appeal. Should you have new evidence, you may submit it to OWCP with a
request for reconsideration of your claim. If you are satisfied that the
relevant information was submitted and considered by the Office, your appeal
may proceed. You should clearly state your disagreement with the OWCP decision
and any factual or legal matter you want considered. Proceedings before the Board
are informal and there is no requirement to file a pleading.
Please be aware
that the Board and the Office may not have simultaneous jurisdiction over the
same issue in a case. Following the docketing of an appeal, the Office does
not have jurisdiction regarding the issue on appeal to the Board. For example,
you may appeal to the Board from a schedule award decision by OWCP, which would
retain jurisdiction to develop other aspects that may arise in your claim.
DOCKET
NUMBER When your appeal is filed with the Board, a docket
number will be assigned. Please refer to your assigned docket number in all
correspondence with the Board. Every appeal is reviewed by a panel of
judges who consider the case record and the arguments raised. All evidence is
carefully considered before a decision is reached. The judges who consider
your appeal will issue either a written decision explaining the action taken or
an order disposing of the case. The Board strives to process appeals in the
order in which they are filed and as expeditiously as possible.
PETITION
FOR RECONSIDERATION Decisions of the Board are final and are not
subject to review, except they may be reconsidered by the Board. If you are
not satisfied with the Board’s decision, a petition for reconsideration must be
filed within 30 days from the date of issuance of the Board’s decision or
order. After 30 days, the decision of the Board becomes final. Thereafter,
any request to reopen the claim must be submitted to OWCP.
ORAL
ARGUMENT Oral argument is held in the discretion of the Board in
appeals from OWCP decisions issued on or after November 19, 2008. Any
request for oral argument must be submitted in writing to the Clerk’s office
and specify the issue(s) to be argued. Your request must be made no later than
60 days after filing the appeal. An appeal in which oral argument is not
granted will proceed to a written decision based on the case record. If oral
argument is granted, the Clerk’s office will notify you at least 30 days prior
to the argument as to the date set and issues determined for argument. In such
situation, 30 minutes is allowed for argument. Under the old Rules, you may
request oral argument anytime prior to issuance of the Board’s decision. Please
note that under both the old and new Rules:
* Oral
argument is held before the Board only in Washington, D.C.
* The Board
does not reimburse any costs associated with attending oral argument.
* The Board
exercises appellate review of the OWCP’s final decision and new evidence may not
be introduced at argument.
* Oral argument
must be confined to the evidence of record. There is no provision for the
introduction of testimony, questioning of witnesses or a transcription of the
argument.
REPRESENTATION You may proceed with an appeal to the Board without the assistance of an
attorney or other representative. However, should you elect to have an
attorney, union representative or other representative appear on your behalf,
you must authorize such representation in writing, either by completing
the relevant portions of the Appeal Form AB-1, or submitting a separate signed
statement of authorization.
All fees for representative
services performed in connection with an appeal before the Board require prior approval
by the Board. Disbursements for such items as travel, telephone calls,
postage, etc. do not require approval; they are a matter for adjustment between
the representative and client. An application for approval of a fee for
services should not be submitted to the Board until after the appeal is
closed. The fee application must be accompanied by an itemized statement of
the time and character of work performed solely in connection with the appeal
and state the amount of the fee requested. The Board will mail a copy of the
fee application to the appellant who is given the opportunity for comment. The
payment of any fee approved by the Board is the responsibility of the
appellant. For services performed for work before the OWCP, a separate fee
application must be submitted to OWCP for approval.
ASSISTANCE
OF THE CLERK’S OFFICE Please be aware that the Clerk’s office
cannot assist you with any legal research, advice as to the issues on appeal or
arguments that you may want considered by the judges or date when a decision will
be issued. The assistance of the Clerk’s office is limited to procedural
matters. You may find copies of Board decisions online, through various
reporting services or at depository libraries.
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