20 C.F.R. § 10.608   How does OWCP decide whether to grant or deny the request for reconsideration?


Title 20 - Employees' Benefits


Title 20: Employees' Benefits
PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED
Subpart G—Appeals Process
Reconsiderations and Reviews by the Director

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§ 10.608   How does OWCP decide whether to grant or deny the request for reconsideration?

(a) A timely request for reconsideration may be granted if OWCP determines that the employee has presented evidence and/or argument that meets at least one of the standards described in §10.606(b)(2). If reconsideration is granted, the case is reopened and the case is reviewed on its merits (see §10.609).

(b) Where the request is timely but fails to meet at least one of the standards described in §10.606(b)(2), or where the request is untimely and fails to present any clear evidence of error, OWCP will deny the application for reconsideration without reopening the case for a review on the merits. A decision denying an application for reconsideration cannot be the subject of another application for reconsideration. The only review for this type of non-merit decision is an appeal to the ECAB (see §10.625), and OWCP will not entertain a request for reconsideration or a hearing on this decision denying reconsideration.

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