T.G. and Department of Defense, Defense Information Systems Agency, Scott Air Force Base, IL (Board decision, October 29, 2021)

ECAB final decision. The Board dismissed appeal 21-0073 because there was no new final adverse OWCP decision within 180 days of its filing. A possible reconsideration petition concerning an earlier Board decision was to be considered separately. 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

T.G. appealed an older OWCP decision after the Board had already affirmed a later reconsideration denial in docket 20-0329. The Board found no final adverse OWCP decision issued within 180 days of her October 22, 2020 appeal. It dismissed docket 21-0073 for lack of jurisdiction. It stated that, to the extent the filing sought reconsideration of its earlier decision, that request would be handled separately under docket 20-0329.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal 21-0073 dismissed; possible reconsideration handled separately.
• Key point: An appeal required a final adverse OWCP decision within the review period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.G., Appellant
)
)
and ) Docket No. 21-0073
) Issued: October 29, 2021
DEPARTMENT OF DEFENSE, DEFENSE
)
INFORMATION SYSTEMS AGENCY,
)
SCOTT AIR FORCE BASE, IL, 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 October 22, 2020 appellant sought appeal from October 3, 2018 decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards assigned Docket No. 21-0073.

The Board has duly considered the matter and notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed her appeal.2 As of the filing of the current appeal, the most recent OWCP decision was dated November 7, 2019. However, by an October 19, 2020 decision in Docket No. 20-0329, the Board affirmed OWCP’s November 7, 2019 decision, finding that OWCP properly denied appellant’s request for reconsideration of the merits of its October 3, 2018 decision pursuant to 5 U.S.C. § 8128(a).3 As there is no final adverse decision issued by OWCP within 180

1
5 U.S.C. § 8149; 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
Docket No. 20-0329 (issued October 19, 2020). days of the filing of this appeal, 4 over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 21-0073 must be dismissed.

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 21-0073 is dismissed.5

Issued: October 29, 2021
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

4
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 … OWCP.” 5
Appellant also sought an appeal from an October 19, 2020 decision. To the extent that her October 22, 2020 appeal may be construed as a timely petition for reconsideration of the Board’s October 19, 2020 decision in Docket No. 20-0329, the Board notes that the petition for reconsideration will be separately considered under Docket No. 20-0329.

2