M.R. and Department of Commerce, U.S. Census Bureau, Philadelphia, PA (Board decision, December 9, 2015)

ECAB final decision. The Board set aside its August 26, 2015 decision and order because its operative order contradicted its conclusion; it would reissue the decision with the intended disposition. 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’s August 26, 2015 decision said in its conclusion that M.R. had not established additional carpal tunnel syndrome or a claimed period of disability. Its operative order, however, incorrectly said that OWCP’s November 5, 2014 decision was set aside. The Board found that the conflicting order had been issued in error and was void from the outset. It set aside that earlier decision and order so it could reissue a decision affirming OWCP in full.

Decision snapshot

• Authority: Board order correcting its earlier decision.
• Outcome: August 26, 2015 Board decision and order set aside for reissuance.
• Key point: The Board’s operative order did not match the disposition explained in its decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.R., Appellant
)
)
and ) Docket No. 15-583
) Issued: December 9, 2015
DEPARTMENT OF COMMERCE, U.S.
)
CENSUS BUREAU, Philadelphia, PA, Employer )
__________ )

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

ORDER VACATING PRIOR BOARD DECISION

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge ALEC J. KOROMILAS, Alternate Judge
JAMES A. HAYNES, Alternate Judge

On August 26, 2015 the Board issued a decision and order in the above-entitled case. By that decision and order, the Board found in the “CONCLUSION” portion that appellant had not established that she sustained bilateral carpal tunnel syndrome causally related to her March 14, 2002 employment injury and also had not established that she was disabled from March 20 to July 15, 2003 due to her accepted work injury. However, in the “ORDER” portion the Board stated in pertinent part, “the November 5, 2014 decision of the Office of Workers’ Compensation Programs [OWCP] is set aside and the case is affirmed.” The Board notes that the aforementioned language was inadvertently included in the August 26, 2015 decision and order as the Board intended to affirm OWCP’s November 5, 2014 decision in its entirety.

The Board has duly considered the matter and concludes that, since the Board’s conclusion reflected its intention to affirm OWCP’s November 5, 2014 decision in its entirety, but the order reflected that OWCP’s decision was “set aside and the case is affirmed,” the August 26, 2015 decision order was issued in error. As such, the decision and order was void ab initio, that is, void from its inception and of no force and effect.1 Consequently, the Board 1 Cf. Donald E. Buckles, 43 ECAB 707 (1992), in which the Board found that its prior order remanding case was void ab initio where the Board had no authority, due to lack of jurisdiction, to issue the order at the time of issuance. In the instant case, the Board issued the August 26, 2015 decision and order with a conflicting order that was not indicative of the Board’s conclusion and supporting analysis. will reissue the decision and order to reflect the proper disposition of the case, which is to affirm OWCP’s November 5, 2014 decision in its entirety. Accordingly,

IT IS HEREBY ORDERED THAT the August 26, 2015 decision and order of the Board is set aside.2

Issued: December 9, 2015
Washington, DC

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

Alec J. Koromilas, Alternate Judge
Employees’ Compensation Appeals Board

2
James A. Haynes, Alternate Judge, participated in the original decision but was no longer a member of the Board effective November 16, 2015 and did not participate in the preparation of this order

2