S.K. and U.S. Postal Service, Riverdale Branch, Riverdale, IL (Board decision, May 27, 2021)

ECAB final decision on a duplicate docket. The Board dismissed docket 20-1359 because it duplicated the appeal already docketed as 20-1348, which would proceed. This order resolved only the duplicate docket, not the underlying compensation appeal. 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

S.K. appealed OWCP's February 3, 2020 decision on June 17, 2020. After receiving a second copy of the same appeal, the Clerk assigned another docket number by mistake. The Board dismissed the duplicate docket, 20-1359, and stated that the original appeal, 20-1348, would go forward. It made no ruling on the compensation claim.

Decision snapshot

• Authority: Board management of a duplicate appeal docket.
• Outcome: Duplicate docket 20-1359 dismissed; appeal 20-1348 to proceed.
• Key point: A second copy of the same appeal did not create a second case for merits review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.K., Appellant
)
)
and ) Docket No. 20-1359
) Issued: May 27, 2021
U.S. POSTAL SERVICE, RIVERDALE
)
BRANCH, Riverdale, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Dr. Rita N. Oganwu, for the appellant1
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 June 17, 2020 appellant, through her representative, filed a timely appeal from a February 3, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1348.

The Board subsequently received a second copy of appellant’s June 17, 2020 appeal of OWCP’s February 3, 2020 decision. The Clerk of the Appellate Boards inadvertently assigned Docket No. 20-1359.

The Board has duly considered the matter and concludes that, since there are now two docket numbers assigned for a review of the same OWCP decision, one of the docket numbers should be dismissed. Since the Clerk of the Appellate Boards inadvertently assigned Docket No.

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 20-1359 to the copy of appellant’s June 17, 2020 appeal request, this docket number should be dismissed. The appeal docketed as No. 20-1348 will go forward. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-1359 is dismissed.

Issued: May 27, 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