L.W. and U.S. Postal Service, Post Office, Santa Clarita, CA (Board decision, April 12, 2013)

ECAB final decision. The Board remanded L.W.’s appeal because the transmitted record omitted the OWCP decisions under review. It set aside the July 9, 2012 decisions and ordered the record reconstructed. Under 20 C.F.R. § 501.6(d), this Board decision becomes final 30 days after issuance unless the Board fixed a different period in it. A party may petition the Board for reconsideration within 30 days unless this decision 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

L.W. appealed an OWCP decision dated July 9, 2012. OWCP’s case system showed that two decisions had been issued that day, but neither was in the case record sent to the Board. Without those decisions and a complete record, the Board could not evaluate the appeal. It set the decisions aside and remanded for reconstruction of the file. The order did not decide the underlying compensation claim.

Decision snapshot

• Authority: 5 U.S.C. § 8149.
• Outcome: July 9, 2012 decisions set aside; appeal remanded for record reconstruction.
• Key point: The Board cannot decide an appeal when the underlying decisions are absent from its record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.W., Appellant
)
)
and ) Docket No. 13-315
) Issued: April 12, 2013
U.S. POSTAL SERVICE, POST OFFICE,
)
Santa Clarita, CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER REMANDING CASE
Before:
RICHARD J. DASCHBACH, Chief Judge
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On November 26, 2012 appellant sought appeal from a decision of the Office of Workers’ Compensation Programs (OWCP) dated July 9, 2012. The Board assigned Docket No. 13-315.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act1 (FECA). While OWCP’s case management application confirms that two final decisions were issued on July 9, 2012 by OWCP, the case record as transmitted to the Board does not contain these decisions. The Board is unable to confirm that the case record transmitted to the Board contains all documents and records pertaining to the claim which are necessary for complete consideration and adjudication of the issue raised on appeal. This appeal is not in posture for decision as the Board is unable to render an informed adjudication of the case.2 The

1
5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
The Board’s review of a case is limited to evidence in the case record that was before OWCP at the time of its final decision. 20 C.F.R. § 501(c) (1). As decisions and orders of the Board are final as to the subject matter appealed, it is necessary that the Board review the entire record that was before OWCP at the time of its final decision. 20 C.F.R. § 501.6(d). July 9, 2012 decisions of OWCP are hereby set aside and the case is remanded for reconstruction of the record. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 13-315 is remanded for further proceedings consistent with this order.

Issued: April 12, 2013
Washington, DC

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

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

2