L.L. and Environmental Protection Agency, Region II, Edison, NJ (Board decision, November 9, 2020)

ECAB final decision. Appeal dismissed. 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

L.L. appealed a September 20, 2019 OWCP action concerning a preliminary overpayment determination. That action vacated the preliminary determination and therefore was not adverse to L.L. The Board found no final adverse OWCP decision within the 180-day appeal window and dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: Board jurisdiction over a final adverse OWCP decision.
• Outcome: Appeal dismissed.
• Key point: Vacating a preliminary overpayment determination did not create an appealable adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.L., Appellant
)
)
and ) Docket No. 20-0746
) Issued: November 9, 2020
ENVIRONMENTAL PROTECTION AGENCY,
)
REGION II, Edison, NJ, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge

On February 7, 2020 appellant, sought an appeal from a purported September 20, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-0746.

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 Act. 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. The September 20, 2019 decision vacated a March 7, 2019 preliminary overpayment determination, therefore, it was not adverse to appellant. 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. 20-0746 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-0746 is dismissed.

Issued: November 9, 2020
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

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