---
kind: "section"
citation: "20 C.F.R. § 10.608"
title: "20"
number: "10.608"
heading: "How does OWCP decide whether to grant or deny the request for reconsideration?"
url: "https://uscodex.org/cfr/20/10.608"
---

# §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)(3)](/cfr/20/10.606.md?p=b-3). If reconsideration is granted, the case is reopened and the case is reviewed on its merits (see [§ 10.609](/cfr/20/10.609.md)).
- (b) Where the request is timely but fails to meet at least one of the standards described in [§ 10.606(b)(3)](/cfr/20/10.606.md?p=b-3), 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](/cfr/20/10.625.md)), and OWCP will not entertain a request for reconsideration or a hearing on this decision denying reconsideration.

## Notes

### Authority

Authority: 5 U.S.C. 301, 8102a, 8103, 8145 and 8149; 31 U.S.C. 3716 and 3717; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary of Labor's Order No. 10-2009, 74 FR 218; Pub. L. 117-263.

### Source

Source: 76 FR 37903, June 28, 2011, unless otherwise noted.