J.M. and Department of Agriculture, Forestry Service, Albuquerque, NM (Board decision, March 24, 2016)

ECAB final decision. This order of erratum directs reissue of the Board’s March 10, 2016 decision to correct its order from a remand to an affirmance of OWCP’s July 24, 2014 refusal of merit review. The corrected decision was issued separately on March 24, 2016. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

The Board found that its March 10, 2016 decision in J.M.'s case had an incorrect order. The reasoning said OWCP properly denied merit review, but the order had mistakenly set aside OWCP's decision and remanded the case. This erratum directs the Board to reissue the decision with an order affirming OWCP's July 24, 2014 refusal. The corrected decision is a separate March 24 release.

Decision snapshot

• Authority: 5 U.S.C. § 8128(a).
• Outcome: Earlier Board decision ordered reissued with corrected affirmance.
• Key point: The original order contradicted the Board's reasoning and was corrected by a separate reissued decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.M., Appellant
)
)
and ) Docket No. 15-0041
) Issued: March 24, 2016
DEPARTMENT OF AGRICULTURE,
)
FORESTRY SERVICE, Albuquerque, NM,
)
Employer
)
__________ )

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

ORDER OF ERRATUM

Before:
CHRISTOPHER J. GODFREY, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge

On March 10, 2016 the Board issued a decision in the above-entitled matter concerning a July 24, 2014 nonmerit decision.

Upon review of the March 10, 2016 decision, the Board finds that the “Order” section was improperly stated. The Board found that OWCP properly denied appellant’s request for merit review pursuant to 5 U.S.C. § 8128(a), however in the “Order” section the Board stated that the July 24, 2014 nonmerit section was set aside and remanded for further proceedings. The Board notes that the “Order” in this case should read “IT IS HEREBY ORDERED THAT the decision of the Office of Workers Compensation Programs dated July 24, 2014 is affirmed.”

The Board will reissue the decision and order correcting the “Order” section to affirm the OWCP decision of July 24, 2014.
 IT IS HEREBY ORDERED THAT the Board’s March 10, 2016 decision be reissued.

Issued: March 24, 2016
Washington, DC

Christopher J. Godfrey, Chief Judge
Employees' Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees' Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees' Compensation Appeals Board

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