M.B. and U.S. Postal Service, Post Office, Portland, OR (Board decision, February 28, 2023)

ECAB final decision. The Board dismissed the appeal because the record did not contain a final adverse OWCP decision issued within 180 days before the appeal was filed. It did not decide the underlying 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 appealed a purported OWCP decision and requested oral argument. The Board's jurisdiction covers final adverse OWCP decisions issued within the applicable 180-day appeal period. The transmitted record contained no qualifying decision, so the Board dismissed the appeal without reaching the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d), 501.7(a).
• Outcome: Appeal dismissed; underlying claim not decided.
• Key point: The Board needs a final adverse OWCP decision issued within 180 days before it can review an appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.B., Appellant
)
)
and ) Docket No. 22-0974
) Issued: February 28, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Portland, OR, 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 VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On June 7, 2022 appellant sought an appeal from a purported August 4, 2021 decision of the Office of Workers’ Compensation Programs (OWCP). Together with her appeal request, she submitted a request for oral argument pursuant to 20 C.F.R. § 501.5(b). The Clerk of the Appellate Boards assigned Docket No. 22-0974.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision.2 The case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal.3 As there is no final adverse decision issued by OWCP over which the Board may properly exercise

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 the OWCP.” 3
Id. jurisdiction, the Board concludes that the appeal docketed as No. 22-0974 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0974 is dismissed.

Issued: February 28, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy 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.” Id. at § 501.6(d).

2