M.C. and U.S. Postal Service, Baton Rouge General Mail Facility (Board decision, December 6, 2022)

ECAB final decision dismissing appeal. The Board dismissed M.C.'s appeal because the August 5, 2022 action he identified was a Board decision, and no final adverse OWCP decision within the appeal period was before it. 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

M.C. filed an appeal from an August 5, 2022 decision, but that decision was issued by the Board itself in an earlier case. The Board's appeal jurisdiction covers final adverse OWCP decisions, and there was no such decision within the relevant 180-day period. It dismissed this appeal. The Board said it would process the submitted papers as a timely reconsideration request in the earlier docket.

Decision snapshot

• Authority: Board appeal jurisdiction, 20 C.F.R. §§ 501.2(c), 501.3(e).
• Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
• Key point: A prior Board decision is addressed through Board reconsideration, not a new appeal from OWCP.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.C., Appellant
)
) Docket No. 22-1217
and ) Issued: December 6, 2022
)
U.S. POSTAL SERVICE, GENERAL MAIL
)
FACILITY, Baton Rouge, LA, 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 August 22, 2022 appellant sought an appeal from a purported August 5, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1217.

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 Emplo yees’ Compensation Act (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed his appeal. 2 The August 5, 2022 decision was a Board decision assigned Docket No. 21-0707, which affirmed a January 19, 2021 OWCP decision. 3 As there is no final

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.” 3
Docket No. 21-0707 (issued August 5, 2022). To the extent that appellant’s August 22, 2022 -- appeal may be construed as a timely petition for reconsideration of the Board’s August 5, 2022 decision in Docket No. 21-0707, the Board will proceed to process the documents received in this appeal as a timely request for reconsideration in Docket No. 21-0707. 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.
22-1217 must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-1217 is dismissed.

Issued: December 6, 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
See supra note 2.
5
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