Any person or designated representative who has received an adverse final decision from the Office of Workers’ Compensation Programs (OWCP) in claims arising under the Federal Employees’ Compensation Act may file an appeal.
To file an appeal with the Employees’ Compensation Appeals Board (the Board), complete the Board’s AB-1 Form and submit it to the Board, including name, address, zip code, telephone number, the date of the OWCP decision that is being appealed (this is most important), the OWCP claim number and a succinct statement as to why OWCP’s decision is incorrect. If you do not have access to the (AB-1) Form, please provide the above information to the Board in letter format.
You do not need to have a representative, but if you choose to be represented on appeal, please also include the name of your representative with his or her address and telephone number.
To be effective, the appeal must be filed with the Board, not OWCP. Please remember that the Board is a separate and independent agency within the Department of Labor.
Upon receipt of the appeal, the Clerk of the Board will send a letter, usually within 3 to 5 days, indicating that the appeal has been received and providing a docket number. Please use that docket number in any future communication with the Board.
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. Select the HTML or PDF version of the new regulations. For all decisions issued prior to that date, the old regulations will apply. Select the HTML version of the old regulations. 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.
After an appeal has been filed with the Board, the Board requests the case record from OWCP. When the record is received, you and your authorized representative will be notified by letter. After a careful and complete review, the Board will issue a decision based on the record that was before the OWCP when it made the decision you are appealing. The Board will then mail you and your representative a copy of the decision.
No. The Board may only consider evidence that was in the case record that was before the OWCP at the time of its final decision. Any new evidence submitted will be returned.
No. When OWCP issues its decision, it provides a list of appeal rights. Among those options is a right to appeal OWCP’s decision to the Board. Please review these carefully before deciding which option to pursue. You may exercise only one review option at a time. Exercising more than one option at a time will delay development and adjudication of your appeal before the Board.
Oral argument is held at the discretion of the Board. A request for oral argument must be submitted in writing to the Clerk’s office and specify the issue(s) to be argued. The 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 appellant and a representative for the Director of the Office of Workers’ Compensation Programs 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. Select the HTML or PDF version of the new regulations. For all decisions issued prior to that date, the old regulations will apply. Please note that under both the Rules:
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.
The Board decides most appeals within 7 to 9 months from the date the case record is received from OWCP. The complexity of the issue(s) on appeal or a request for oral argument may affect the length of time it takes to decide an appeal.
No. However, you may file a petition for reconsideration before the Board within 30 days of the date of the Board decision.
The Boards' mailing address is:
Employees' Compensation Appeals Board
200 Constitution Avenue, NW
Room S-5220
Washington, DC 202l0
The Board's telephone number is (866) 487-2365 and fax number is (202) 693-6367.
Not at this time.
Not at this time.
Yes. Most Board decisions are available online and can be found at www.dol.gov/ECAB.
No. The Board does not provide legal advice to appellants or their representatives.
OWCP and the Board are separate agencies. Therefore, the Board does not have enforcement authority over OWCP. You must pursue enforcement at OWCP levels or through other channels.