J.A. and Department of Transportation, Federal Aviation Administration, Miami, FL (Board decision, October 27, 2021)

ECAB final decision. The Board dismissed docket 21-0026 because it duplicated a prior appeal of the same OWCP decision. The prior docket, 20-1595, had already been decided. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

J.A. filed two appeals from the same April 15, 2020 OWCP decision, and the clerk assigned separate dockets. The Board found the second docket unnecessary and dismissed it. It noted that the first appeal, docket 20-1595, had already resulted in an April 2021 Board decision. This order did not reconsider that earlier decision.

Decision snapshot

• Authority: The Board’s earlier decision in docket 20-1595 on the same OWCP decision.
• Outcome: Duplicate docket 21-0026 dismissed.
• Key point: The same OWCP decision had already been reviewed in docket 20-1595.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.A., Appellant
)
)
and ) Docket No. 21-0026
) Issued: October 27, 2021
DEPARTMENT OF TRANSPORTATION,
)
FEDERAL AVAIATION ADMINISTRATION,
)
Miami, FL Employer
)
__________ )

Appearances: Case Submitted on the Record
Lisa Varughese, Esq., 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 September 9, 2020 appellant filed a timely appeal from an April 15, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1595.

On October 6, 2020 appellant, through counsel, filed a duplicate appeal from the same April 15, 2020 nonmerit decision. The Clerk of the Appellate Boards inadvertently assigned that appeal Docket No. 21-0026.

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

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. must be dismissed. As the Clerk of the Appellate Boards inadvertently assigned Docket No. 21- 0026 to appellant’s second appeal request, this docket number shall be dismissed.2 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0026 is dismissed.

Issued: October 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
On April 21, 2021 the Board issued a decision in Docket No. 20-1595 affirming OWCP’s April 15, 2020 decision.
See Docket No. 20-1595 (issued April 21, 2021).

2