T.W. and Department of Veterans Affairs, Atlanta VA Medical Center, Decatur, GA (Board decision, October 27, 2021)

ECAB final decision. The Board dismissed T.W.'s appeal because the identified November 2020 OWCP decision was absent and there was no other recent final adverse decision to review. 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.W. appealed a purported November 5, 2020 OWCP decision. The Board found no final adverse decision of that date in the record and no other final decision within the review period. It therefore lacked jurisdiction and dismissed the appeal without deciding the underlying claim.

Decision snapshot

• Authority: Board appeal jurisdiction, 20 C.F.R. § 501.3.
• Outcome: Appeal dismissed for lack of a final adverse decision.
• Key point: The record contained no reviewable OWCP decision within the appeal period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.W., Appellant
)
)
and
)
) Docket No. 21-0568
DEPARTMENT OF VETERANS AFFAIRS, ) Issued: October 27, 2021
ATLANTA VA MEDICAL CENTER,
)
Decatur, GA, 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
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On December 8, 2020 appellant sought an appeal from a purported November 5, 2020decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0568.

The Board, having duly considered the matter, notes that the Board has jurisdiction to review 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 case record as transmitted to the Board neither contains a final adverse decision issued on November 5, 2020, nor a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal. 3 As there is no final adverse decision

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
Id. issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 21-0568 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0568 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