A.L. and U.S. Postal Service, Wakefield Post Office (Board decision, December 5, 2022)

ECAB final decision dismissing appeal. The Board dismissed the appeal because the October 25, 2021 OWCP letter was informational, not a final adverse decision subject to Board review. The order becomes final after 30 days under 20 C.F.R. § 501.6(d). 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.L. appealed an October 25, 2021 letter from OWCP. The Board found that the letter only provided information and was not a final adverse decision. Because there was no final decision for it to review, the Board dismissed the appeal for lack of jurisdiction. The order does not resolve an underlying compensation claim.

Decision snapshot

• Authority: ECAB jurisdiction over final adverse OWCP decisions, 20 C.F.R. §§ 501.2(c), 501.3(a).
• Outcome: Appeal dismissed for lack of jurisdiction.
• Key point: An informational OWCP letter cannot be appealed to the Board as a final decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.L., Appellant
)
) Docket No. 22-0782
and ) Issued: December 5, 2022
)
U.S. POSTAL SERVICE, WAKEFIELD POST
)
OFFICE, Wakefield, RI, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On April 20, 2022 appellant sought an appeal from a purported October 25, 2021 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-0782.

The Board has duly considered the matter and notes that the Board has jurisdiction to the review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed her appeal. 2 While there is correspondence dated October 25, 2021, that letter is purely informational in nature and does not constitute a final adverse decision of OWCP from which appellant may properly appeal. 3 As there is no final adverse decision issued by OWCP

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§501.2(c) and 501.3(a).
2
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 OWCP.” 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). over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22-0782 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 22-0782 is dismissed.4

Issued: December 5, 2022
Washington, DC

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

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

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

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