J.G. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY (Board decision, April 19, 2023)

ECAB final decision. The Board dismissed J.G.’s appeal because the December 8, 2021 OWCP correspondence he identified was not a final adverse decision. It merely supplied a second-opinion report and allowed comment. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

The Board’s jurisdiction requires a final adverse OWCP decision. The letter gave J.G. and his treating physician time to review the report but did not decide benefits, so the Board could not review it as an appealable decision.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(a).
• Outcome: Appeal dismissed for lack of final adverse decision.
• Key point: Appeal dismissed for lack of final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.G., Appellant
)
)
and ) Docket No. 22-0657
) Issued: April 19, 2023
TENNESSEE VALLEY AUTHORITY,
)
PARADISE FOSSIL PLANT, Drakesboro, KY,
)
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, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On March 22, 2022 appellant sought an appeal from a purported December 8, 2021 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 22-0657.

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 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed this appeal.2 The case record contains correspondence dated December 8, 2021, wherein OWCP provided a copy of a second opinion report and afforded appellant and his treating physician 30 days to review and comment. This correspondence, however, does not constitute a final adverse OWCP decision from which appellant may properly appeal as it is informational in

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
Id. at § 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.” nature.3 As there is no final adverse OWCP decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 22-0657 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0657 is dismissed.

Issued: April 19, 2023
Washington, DC

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

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

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

3
See Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). 4 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” 20 C.F.R. § 501.6(d).

2