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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Appeals Process |
20 CFR 10.622 - May a claimant withdraw a request for or postpone a hearing?
- Section Number: 10.622
- Section Name: May a claimant withdraw a request for or postpone a hearing?
(a) The claimant and/or representative may withdraw the hearing
request at any time up to and including the day the hearing is held, or
the decision issued. Withdrawing the hearing request means the record is
returned to the jurisdiction of the district office and no further
requests for a hearing on the underlying decision will be considered.
(b) OWCP will entertain any reasonable request for scheduling the
oral hearing, but such requests should be made at the time of the
original application for hearing. Scheduling is at the sole discretion
of the hearing representative, and is not reviewable. Once the oral
hearing is scheduled and OWCP has mailed appropriate written notice to
the claimant, the oral hearing cannot be postponed at the claimant's
request for any reason except those stated in paragraph (c) of this
section, unless the hearing representative can reschedule the hearing on
the same docket (that is, during the same hearing trip). When the
request to postpone a scheduled hearing does not meet the test of
paragraph (c) of this section and cannot be accommodated on the docket,
no further opportunity for an oral hearing will be provided. Instead,
the hearing will take the form of a review of the written record and a
decision issued accordingly. In the alternative, a teleconference may be
substituted for the oral hearing at the discretion of the hearing
representative.
(c) Where the claimant is hospitalized for a reason which is not
elective, or where the death of the claimant's parent, spouse, or child
prevents attendance at the hearing, a postponement may be granted upon
proper documentation.
Review by the Employees' Compensation Appeals Board (ECAB)
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