J.T. and Department of Veterans Affairs, VA Medical Center, Richmond, VA (Board decision, October 29, 2021)

ECAB final decision. The Board dismissed appeal 21-0684 because the record contained no final adverse OWCP decision dated April 9, 2019 for it to review. A separate appeal from an overpayment decision was proceeding under docket 21-0696. 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

J.T. appealed a purported April 9, 2019 OWCP decision. The Board found no final adverse decision of that date in the transmitted record. Without a reviewable OWCP decision, it lacked jurisdiction and dismissed docket 21-0684. The Board noted that J.T.'s separate appeal from a September 2020 overpayment decision would proceed under docket 21-0696.

Decision snapshot

• Authority: Board appeal jurisdiction, 20 C.F.R. § 501.3.
• Outcome: Appeal 21-0684 dismissed; separate overpayment appeal continues.
• Key point: The record lacked the final adverse decision identified in this appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.T., Appellant
)
)
and ) Docket No. 21-0684
) Issued: October 29, 2021
DEPARTMENT OF VETERANS AFFAIRS, VA
)
MEDICAL CENTER, Richmond, VA, Employer,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Douglas Sughrue, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 25, 2021 appellant filed an appeal from a purported April 9, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0684.

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. 2 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed the appeal. 3 The case record as transmitted to the Board does not contain a final 1 In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.” adverse decision of OWCP dated April 9, 2019.4 As there is no final adverse decision issued by OWCP dated April 9, 2019 over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 21-0684 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 21-0684 is dismissed.

Issued: October 29, 2021
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

4
The Board notes that on March 26, 2021 appellant filed an appeal from a final adverse overpayment decision of OWCP dated September 28, 2020. Appellant’s appeal from that decision will proceed under Docket No. 21-0696.

2