C.W. and Department of Homeland Security, U.S. Secret Service, Washington, DC (Board decision, January 27, 2023)

ECAB final decision. The Board dismissed this appeal because the employee identified a prior Board decision, and no final adverse OWCP decision was issued within 180 days of the appeal; the underlying claim was not reviewed here. 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 Secret Service employee filed an appeal identifying a November 18, 2020 decision. That decision was an earlier Board ruling that had affirmed an OWCP decision from November 2019. The Board explained that it can review final adverse OWCP decisions issued within 180 days before an appeal is filed, and there was no such decision here. It dismissed this appeal without reviewing the underlying claim. A petition for reconsideration in the earlier Board docket was to be handled separately.

Decision snapshot

• Authority: Federal Employees' Compensation Act; 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed for lack of a reviewable OWCP decision within 180 days.
• Key point: An earlier Board decision is not a new OWCP decision that supports another Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.W., Appellant
)
)
and ) Docket No. 21-0181
) Issued: January 27, 2023
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. SECRET SERVICE, Washington, DC,
)
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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On November 19, 2020 appellant sought an appeal from a purported November 18, 2020 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0181.

The Board, having duly considered the matter, notes that the Board’s jurisdiction is limited to 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 his appeal. 2 The November 18, 2020 decision, however, was a Board decision assigned Docket No. 20-1027, which affirmed a November 1, 2019 OWCP decision. 3 There is no final adverse decision issued by OWCP within 180 days of the filing of this appeal. As there is no

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
Docket No. 20-1027 (issued November 18, 2020). final adverse decision issued by OWCP within 180 days of the filing of this appeal, 4 over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 21-0181 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0181 is dismissed. 5

Issued: January 27, 2023
Washington, DC

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

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

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

4
Supra note 2.
5
Appellant’s petition for reconsideration in Docket No. 20-1027 will be addressed under separate order.

2