M.P. and Department of the Army, Communications Electronics Command, Aberdeen Proving Ground, Aberdeen, MD (Board decision, September 30, 2022)

ECAB final decision. The Board dismissed this appeal because no final adverse OWCP decision fell within its 180-day review window. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

An Army employee appealed what he identified as a May 24, 2022 decision. That date belonged to an earlier Board ruling affirming that he had abandoned a hearing request. The most recent OWCP decision was issued in March 2021, more than 180 days before this new appeal. The Board dismissed the appeal because there was no recent final adverse OWCP decision for it to review.

Decision snapshot

• Authority: Board review window under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed for lack of jurisdiction.
• Key point: An earlier Board ruling did not supply a new OWCP decision within the appeal window.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.P., Appellant
)
) Docket No. 22-0949
and ) Issued: September 30, 2022
)
DEPARTMENT OF THE ARMY,
)
COMMUNICATIONS ELECTRONICS
)
COMMAND, ABERDEEN PROVING
)
GROUND, Aberdeen, MD, 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 June 6, 2022 appellant sought an appeal from a purported May 24, 2022 decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards assigned Docket No. 22-0949.

The Board has duly considered the matter and notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed his appeal. 2 As of the filing of the current appeal, the most recent OWCP decision was dated March 22, 2021. However, by a May 24, 2022 decision in Docket No. 21-0990, the Board affirmed OWCP’s March 22, 2021 decision, finding that it properly determined that appellant had abandoned his request for an oral hearing before a representative of

1
5 U.S.C. § 8149; 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 the OWCP.” OWCP’s Branch of Hearings and Review. 3 As there is no final adverse decision issued by OWCP within 180 days of the filing of this appeal, 4 over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22-0949 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0949 is dismissed.

Issued: September 30, 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

3
Docket No. 21-0990 (issued May 24, 2022).
4
Supra note 2.

2