United States Department of Labor

Employees' Compensation Appeals Board

Docket No. 05-1200

Issued Feb 2 2006

ROBERT F. FARMER, Appellant

and

DEPARTMENT OF THE NAVY, PUGET

SOUND NAVAL SHIPYARD, Bremerton, WA,

Employer

Appearances: Case Submitted on the Record

Robert F. Farmer, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE AND

CANCELLING ORAL ARGUMENT

Before:

ALEC J. KOROMILAS, Chief Judge

DAVID S. GERSON, Judge

MICHAEL E. GROOM, Alternate Judge

On May 4, 2005 appellant filed a timely appeal from an Office of Workers' Compensation Programs' decision dated May 4, 2004, denying his request for reconsideration of a March 19, 2003 decision¹ on the grounds that it was untimely filed and failed to demonstrate clear evidence of error. The appeal was docketed as No. 05-1200. Appellant requested oral argument, which was scheduled for March 2, 2006. On January 12, 2006 appellant withdrew his request for oral argument.

The Board finds that appellant timely submitted a request for reconsideration within one year of the March 19, 2003 decision. Appellant filed his reconsideration request by letter dated March 19, 2004, faxed to the Office on that date. The Office's procedure manual provides that the one-year time limitation for requesting reconsideration begins to run on the date of the original Office decision.² However, the Board has held that the date of the event from which the designated period of time begins to run shall not be included unless it is a Saturday, a Sunday or a legal holiday.³ In this case, the one-year time period for filing a request for reconsideration of the March 19, 2003 decision commenced on March 20, 2003 and ended on March 19, 2004. As appellant's request for reconsideration was dated and faxed to the Office on March 19, 2004, his reconsideration request was timely filed within one year.

The case record will be returned to the Office for a review of appellant's timely request for reconsideration under the appropriate standard of review.

IT IS HEREBY ORDERED THAT the decision of the Office of Workers' Compensation Programs dated May 4, 2004 is set aside and the case remanded for further action consistent with this order of the Board. Oral argument scheduled for March 2, 2006 is cancelled.

Issued: FEB 2 2006

Dated, Washington, DC

Alec J. I Koromilas, thief Judge

Employees' Compensation Appeals Board

David S. Gerson, Judge

Employees' Compensation Appeals Board

Michael E. Groom, Alternate Judge

Employees' Compensation Appeals Board

¹ The March 19, 2003 decision, and decisions dated January 23, 2002 and April 18, 2001, denied modification of a January 17, 2001 decision, denying appellant's claim for an occupational disease claim on the grounds that it was not timely filed within the applicable time limitation period.

² Federal (FECA) Procedure Manual, Part 2 - Claims, Reconsideration, Chapter 2.1602.3(b)(l) (January 2004).

³ See Angel M. Lebron, Jr., 51 ECAB 488 (2000); Diane Matchem, 48 ECAB 532 (1997).