B.M. and U.S. Postal Service, Processing & Distribution Center, Mobile, AL (Board decision, September 30, 2022)

ECAB final decision. The Board dismissed the appeal without reviewing the underlying claim because the record contained no final adverse OWCP decision issued 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

A postal worker, through counsel, filed an appeal on August 31, 2022 and identified a purported March 13, 2020 OWCP decision. The Board found no final adverse OWCP decision in the record issued within 180 days of the appeal. It therefore dismissed the appeal for lack of jurisdiction without deciding the underlying compensation claim.

Decision snapshot

• Authority: Board jurisdiction over final adverse OWCP decisions under 20 C.F.R. §§ 501.2(c), 501.3(a), and 501.3(e).
• Outcome: Appeal dismissed for lack of a timely reviewable decision.
• Key point: The Board found no final adverse OWCP decision in the record within its 180-day appeal window.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.M., Appellant
)
)
and ) Docket No. 22-1334
) Issued: September 30, 2022
U.S. POSTAL SERVICE, PROCESSING &
)
DISTRIBUTION CENTER, Mobile, AL,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Eucellis Sullivan, Esq., for the appellant1
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 31, 2022 appellant, through counsel, filed an appeal from a purported March 13, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1334.

The Board has duly considered the matter and notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.2 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009). date appellant filed her appeal. 3 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. 4 As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22-1334 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-1334 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
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.” 4
Id.
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