N.O. and U.S. Postal Service, Quincy Post Office, Quincy, IL (Board decision, March 10, 2023)

ECAB final decision. The Board dismissed the appeal for lack of a final adverse OWCP decision within its review authority. It did not decide the worker's entitlement to compensation. 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

A postal worker appealed after OWCP issued two decisions on October 3, 2019. One vacated an earlier denial and found a right knee condition accepted; the other formally accepted that condition. The Board dismissed the appeal because neither decision was adverse to the worker, and the record contained no other final adverse decision it could review. It did not rule on compensation entitlement.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.2(c), 501.3(a), 501.3(e).
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: The Board's jurisdiction requires a final adverse decision from OWCP.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
N.O., Appellant
)
)
and ) Docket No. 20-0478
) Issued: March 10, 2023
U.S. POSTAL SERVICE, QUINCY POST
)
OFFICE, Quincy, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Allan J. Shapiro, Esq., for the appellant
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

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

On December 31, 2019 appellant filed an appeal from an October 3, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-0478.

The Board has duly considered this matter and notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act. 1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed her appeal.2 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.3 There are two decisions in the case record dated October 3, 2019; however, one of those decisions vacated a February 2, 2018 decision finding that the evidence of record was sufficient to establish aggravation of right knee osteoarthritis as an accepted condition and the other October 3, 2019 decision was a formal acceptance of that condition. As there is no final adverse decision

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” 3
Id. issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 20-0478 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 20-0478 is dismissed.

Issued: March 10, 2023
Washington, DC

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

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

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

2