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  • Postponing Appeals Hearing
    Posted on January 8, 2019by Michael McCready

    Federal Workers’ Compensation Appeals Hearings

     The Law Offices of McCready, Garcia and Leet summarize for you the regulations, which implement the Federal Employees Compensation Act (FECA). This article describes rescheduling the workers’ compensation appeals hearing.

     May I withdraw my appeal or postpone the hearing? (§10.622)

    • You may withdraw your appeal at any time up to the day the OWCP issues its decision, but if you do, you can’t change your mind.
    • If you want to reschedule, the hearing officer will decide whether or not to grant that request.
    • The OWCP recognizes two main reasons for asking to reschedule your hearing.
    • The first valid reason is that you have an “unavoidable serious scheduling conflict.”
    • These might include jury duty, other required court appearances or previously scheduled medical procedures.
    • The agency will only grant your rescheduling request due to “unavoidable serious scheduling conflicts” if it can reschedule the hearing within seven days or less of the original hearing date.
    • If the OWCP can’t reschedule the hearing within seven days, there will be no oral hearing. Instead, that agency will make its decision based on the written record.

     

    • The second valid reason for requesting a postponement of your hearing is that you must have a non-elective hospitalization or experience the death of your parent, spouse, child or other “immediate family member.”
    • In those instances, the OWCP may postpone your hearing beyond seven days.
    • If you don’t appear at your hearing for “good cause,” within ten days of the hearing date, you may request another one.
    • The OWCP will not consider your appeal if you don’t request a second hearing or you lack good cause for failing to appear at that hearing. 
    • If you have good cause for not appearing at your second hearing, the OWCP will base its ruling on the written record.

     

          The McCready, Garcia & Leet law firm helps injured federal workers across the United States. An attorney specialist on federal workers’ compensation law will answer questions you have about your rights, so please feel free to contact us on Facebook here.

     

     

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