K.A. and Department of the Treasury, Office of the Comptroller of the Currency, Downers Grove, IL (Board decision, November 3, 2021)

ECAB interlocutory order. The Board vacated its October 7, 2021 dismissal under docket 21-0408 because it had been issued under the wrong docket. The appeal under 21-0408 continues; the corrected dismissal applies to docket 21-0089. 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

K.A. had two Board appeal dockets. The Board had mistakenly issued a dismissal under docket 21-0408 when the dismissal belonged to docket 21-0089. This erratum vacated the prior 21-0408 dismissal and issued the corrected order for 21-0089. It expressly stated that the appeal under 21-0408 would go forward. This release does not resolve that pending appeal.

Decision snapshot

• Authority: Erratum correcting a mistaken docket assignment; the order cites no regulation.
• Outcome: Mistaken 21-0408 dismissal vacated; appeal continues.
• Key point: The corrected dismissal applies to a different docket, 21-0089.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.A., Appellant
)
) Docket No. 21-0408
and ) Issued: November 3, 2021
)
DEPARTMENT OF THE TREASURY, OFFICE
)
OF THE COMPTROLLER OF THE
)
CURRENCY, Downers Grove, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ERRATUM

Before:
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

The Board issued an Order Dismissing Appeal in the above-entitled case on October 7, 2021 under Docket No. 21-0408.

The Board, having duly considered the matter, concludes that the October 7, 2021 order was issued erroneously, as it should have dismissed the appeal under Docket No. 21-0089 and not under Docket No. 21-0408. Consequently, the October 7, 2021 order must be vacated and the corrected order issued. The appeal docketed as No. 21-0408 shall go forward. Accordingly, IT IS HEREBY ORDERED THAT the October 7, 2021 order of the Board is vacated. The corrected order dismissing the appeal under Docket No. 21-0089 is attached and is hereby issued.

Issued: November 3, 2021
Washington, DC

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge
Employees’ Compensation Appeals Board

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

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