H.G. and Department of the Army, Army Corps of Engineers, Shorterville, AL (Board decision, July 20, 2012)

ECAB final decision on the issuance-date correction. The Board corrected the issuance year of its decision from 2011 to 2012 and ordered a reissue. This order does not separately decide H.G.'s compensation claim; the accompanying reissued decision sets aside OWCP's denial and remands the claim. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

The Board's earlier decision in H.G.'s hearing-loss case gave its issuance date as July 6, 2011. This erratum says the correct date should have been July 6, 2012. The Board said it would issue a corrected copy with a new date alongside the erratum. The accompanying reissued decision bears the date July 20, 2012. The erratum changes the decision's date, not the Board's stated disposition of the hearing-loss claim.

Decision snapshot

• Authority: Board order correcting the issuance date of its decision.
• Outcome: Issuance-year error corrected; decision reissued with a new date.
• Key point: The Board distinguished the corrected original issuance date from the new date on the reissued decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.G., Appellant
)
)
and ) Docket No. 12-431
) Issued: July 20, 2012
DEPARTMENT OF THE ARMY, ARMY
)
CORPS OF ENGINEERS, Shorterville, AL,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Jeffrey P. Zeelander, Esq., for the appellant
Office of Solicitor, for the Director

ORDER ERRATUM
The Board issued a decision and order in the above-entitled case on July 6, 2011. The Board notes that the correct issuance date should have been July 6, 2012.

The Board will reissue the decision and order with a new issuance date which will accompany this order.

Issued: July 20, 2012
Washington, DC

Richard J. Daschbach, Chief Judge
Employees’ Compensation Appeals Board

Michael E. Groom, Alternate Judge
Employees’ Compensation Appeals Board

James A. Haynes, Alternate Judge
Employees’ Compensation Appeals Board