G.H. and Department of Veterans Affairs (Board decision, April 5, 2024)

ECAB final decision. The Board dismissed appeal docket 22-0726 because docket 22-0890 addressed the same issues and had proceeded. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A Department of Veterans Affairs employee filed two Board appeals concerning the same issues in the same OWCP file. The Clerk assigned docket 22-0726 to the earlier filing and docket 22-0890 to the later one. Because docket 22-0890 had gone forward, the Board dismissed the duplicate docket 22-0726. The order does not decide the underlying compensation issues.

Decision snapshot

• Authority: ECAB procedural dismissal of a duplicate appeal.
• Outcome: Appeal docket 22-0726 dismissed; docket 22-0890 had proceeded.
• Key point: The Board closed one of two appeal dockets covering the same issues.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.H., Appellant
)
)
and ) Docket No. 22-0726
)
Issued: April 5, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
HAMPTON VA MEDICAL CENTER,
)
Hampton, VA, 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 May 26, 2022 appellant filed a timely appeal from April 5 and May 20, 2022 merit decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 22-0890.

On April 4, 2022 appellant filed a timely appeal from a March 16, 2022 merit decision of OWCP, addressing the same issue(s) as those on appeal in Docket No. 22-0890 also in OWCP file number xxxxxx872. The Clerk of the Appellate Boards assigned the appeal Docket No. 22-0726.

The Board has duly considered the matter and concludes that since there are now two docket numbers assigned to the same issues addressed by OWCP, one must be dismissed. Since Docket No. 22-0726 addresses an OWCP decision involving the same issues as those addressed in Docket No. 22-0890, the appeal docketed as No. 22-0726 must be dismissed. Docket No. 22-0890 has gone forward.1 Accordingly,

1
Docket No. 22-0890 (issued January 9, 2023).
 IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0726 is dismissed.2

Issued: April 5, 2024
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

2
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