T.E. and Department of Justice, Federal Bureau of Investigation, Quantico, VA (Board decision, February 22, 2021)

ECAB final decision. The Board dismissed T.E.’s appeal for lack of a final adverse OWCP decision. It did not decide entitlement to compensation. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

T.E. appealed an OWCP decision that expanded acceptance of her claim. The Board found that this was not a final adverse decision and that no other reviewable decision appeared in the required period. It dismissed the appeal for lack of jurisdiction without deciding the underlying injury claim.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: A favorable claim expansion was not an appealable adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.E., Appellant
)
)
and ) Docket No. 19-1941
) Issued: February 22, 2021
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF INVESTIGATION, Quantico, VA,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Laura White, Esq., for the appellant
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On September 19, 2019 appellant, through counsel, filed an appeal from a March 27, 2018 merit decision of Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 19-1941.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse decisions issued under FECA.1 The March 27, 2018 decision expanded the acceptance of appellant’s claim and is therefore not a final adverse decision. The case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal.1 As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 19-1941 must be dismissed. Accordingly,

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
 IT IS HEREBY ORDERED THAT the appeal docketed as No. 19-1941 is dismissed.

Issued: February 22, 2021
Washington, DC

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

Patricia H. Fitzgerald, Alternate Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

2