M.G. and U.S. Postal Service, Blue Valley Branch, Shawnee Mission, KS (Board decision, July 27, 2023)

ECAB final decision dismissing an appeal. The Board dismissed docket 22-0063 because it duplicated the appeal already assigned docket 21-1386. The earlier appeal remains pending; this order does not decide the compensation claim. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker filed two appeals from the same June 22, 2021 OWCP decision. The Board's clerk assigned the first appeal docket 21-1386 and inadvertently assigned the second docket 22-0063. The Board dismissed the duplicate docket and said the earlier appeal would go forward. It did not decide the underlying compensation issue in this order.

Decision snapshot

• Authority: Board reconsideration period, 20 C.F.R. § 501.7(a).
• Outcome: Duplicate appeal docket 22-0063 dismissed; docket 21-1386 continues.
• Key point: The Board closed the second docket because both appeals concerned the same OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.G., Appellant
)
)
and ) Docket No. 22-0063
)
Issued: July 27, 2023
U.S. POSTAL SERVICE, BLUE VALLEY )
BRANCH, Shawnee Mission, KS, Employer )
__________ )

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

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On September 18, 2021 appellant filed a timely appeal from a June 22, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 21-1386.

On October 21, 2021 appellant filed a timely appeal from a June 22, 20211 merit decision of OWCP. The Clerk of the Appellate Boards inadvertently assigned the appeal Docket No. 22- 0063.

The Board has duly considered the matter and concludes that, since there are now two docket numbers assigned for a review of the same OWCP d ecision, one of the docket numbers must be dismissed. Since the Clerk of the Appellate Boards inadvertently assigned Docket No. 22-0063 to appellant’s October 21, 2021 appeal, this docket number must be dismissed. The appeal docketed as No. 21-1386 will go forward. Accordingly,

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Appellant asserted on her application for review (AB-1) form that she was appealing from a June 18, 2021 OWCP decision. However, there is no decision of that date found in the case record. The only OWCP decision of record within the Board’s jurisdiction is the June 22, 2021 decision. IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0063 is dismissed.

Issued: July 27, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

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