05A40213
12-29-2003
Rosina A. Vacchiano, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Eastern Area), Agency.
Rosina A. Vacchiano v. United States Postal Service
05A40213
December 29, 2003
.
Rosina A. Vacchiano,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 05A40213
Appeal No. 01A24611
Agency No. 1C-451-0119-00
DENIAL OF REQUEST FOR RECONSIDERATION
Rosina A. Vacchiano (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Rosina A. Vacchiano v. United States Postal Service,
EEOC Appeal No. 01A24611 (October 20, 2003). Complainant alleges that
the agency discriminated against her, in violation of Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq., on the basis of disability (bilateral carpal
tunnel, ulnar neuropathy, foot neuromas, causalgia, shin splints, dorsal
superficial cutaneous nerve entrapment, and Dequervain's tenosynovitis)
when: (1) the agency failed to timely forward her claim to the Office
of Worker's Compensation Programs (OWCP); and (2) an agency official
deleted her e-mails and phone messages regarding her requests for a
reasonable accommodation.
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous Commission decision where the requesting party
demonstrates that: (1) the appellate decision involved a clearly erroneous
interpretation of material fact or law; or (2) the appellate decision
will have a substantial impact on the policies, practices, or operations
of the agency. See 29 C.F.R. � 1614.405(b).
In her request for reconsideration, complainant argues that contrary
to the Injury Compensation Specialist's (S) explanation complainant's
claim forms were not incorrect and did not need to be re-done. While
complainant does admit that the claim form contained the incorrect codes,
she argues that the agency was responsible for the improper coding.
Even assuming complainant is correct that the agency was at fault
for the delay in forwarding her OWCP claim, she has not proven, by a
preponderance of the evidence, that agency delayed her claim because of
complainant's disability.
Accordingly, after a review of complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds that
the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01A24611 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive this
decision. If you file a civil action, you must name as the defendant in
the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
December 29, 2003
__________________
Date