L.M. and U.S. Postal Service, Seattle Processing & Distribution Center, Seattle, WA (Board decision, October 13, 2021)

ECAB final decision. The Board dismissed L.M.'s appeal because OWCP's decision expanding the accepted claim was not a final adverse decision within the Board's jurisdiction. 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

L.M. appealed an OWCP decision that added a condition to the accepted injury claim. The Board can review only final adverse OWCP decisions. Because the appealed decision expanded acceptance and the record contained no other recent adverse decision, the Board dismissed the appeal without a merits ruling.

Decision snapshot

• Authority: Board jurisdiction over final adverse OWCP decisions, 20 C.F.R. §§ 501.2(c), 501.3(a).
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: A favorable claim-expansion decision was not appealable to the Board.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.M., Appellant
)
)
and ) Docket No. 21-0375
) Issued: October 13, 2021
U.S. POSTAL SERVICE, SEATTLE
)
PROCESSING & DISTRIBUTION CENTER,
)
Seattle, WA, 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 January 19, 2021 appellant filed an appeal from a December 9, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0375.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse decisions issued under FECA. 1 The December 9, 2020 decision expanded the acceptance of appellant’s claim and is therefore not a final adverse decision. 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. 2 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. 21-0375 must be dismissed. Accordingly,

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
Id.
 IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0375 is dismissed.

Issued: October 13, 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

2