L.C. and U.S. Postal Service, Fort Worth Processing & Distribution Center, Fort Worth, TX (Board decision, October 26, 2021)

ECAB final decision. The Board dismissed appeal 21-1008 because the June 2021 ruling L.C. identified was a prior Board decision, and there was no recent final adverse OWCP 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

L.C. sought an appeal from a purported June 21, 2021 OWCP decision. That date instead referred to the Board's earlier ruling in docket 20-1058 on an overpayment. The most recent final OWCP decision in the record was from March 2020, outside the review period. The Board dismissed the new appeal for lack of jurisdiction; the prior overpayment remand remained separate.

Decision snapshot

• Authority: Board appeal jurisdiction, 20 C.F.R. § 501.3.
• Outcome: Appeal dismissed for lack of a recent OWCP decision.
• Key point: The identified June 2021 document was a Board ruling, not a new OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.C., Appellant
)
)
and ) Docket No. 21-1008
) Issued: October 26, 2021
U.S. POSTAL SERVICE, FORT WORTH
)
PROCESSING & DISTRIBUTION CENTER,
)
Fort Worth, TX, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

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

On June 23, 2021 appellant sought an appeal from a purported June 21, 2021 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 21-1008.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees ’ Compensation Act.1 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 The most recent final adverse decision was issued by OWCP on March 12, 2020, which this Board affirmed in part and set aside in part on June 21, 2021 in Docket No. 20-1058. 3 As there is no 1 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
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20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 day s f rom t h e date of issuance of a decision of the OWCP.” 3
By the June 21, 2021 decision, the Board affirmed OWCP’s finding of fact of o verpayment . H o wever, t h e Board also set aside OWCP’s determination regarding the amount of the overpayment, finding that the case was not in posture for decision as to the period and amount of the overpayment. The Board remanded t h e ca se f o r a n ew preliminary determination of overpayment and a de novo overpayment decision. See Docket No. 20-1 058 (issu ed June 21, 2021). final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 21-1008 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1008 is dismissed.

Issued: October 26, 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

2