N.L. and Department of the Navy, Military Sealift Command, Naval Station Norfolk, Norfolk, VA (Board decision, July 18, 2023)

ECAB final decision. The Board dismissed the appeal because the record contained no final adverse OWCP decision issued within the period it could review. 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 Navy Military Sealift Command worker appealed decisions he described as dated July 15 and November 16, 2022. The Board found no OWCP documents in the record issued on either date and no final adverse OWCP decision within the 180-day appeal period. It dismissed the appeal for lack of jurisdiction. The order did not decide a compensation claim on its merits.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(a) and (e), Board jurisdiction and the appeal period.
• Outcome: Appeal dismissed.
• Key point: The Board needs a final adverse OWCP decision in the record before it can review an appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
N.L., Appellant
)
)
and ) Docket No. 23-0181
)
Issued: July 18, 2023
DEPARTMENT OF THE NAVY, MILITARY )
SEALIFT COMMAND, NAVAL STATION
)
NORFOLK, Norfolk, VA, 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 JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On November 18, 2022 appellant filed an appeal from purported July 15 and November 16, 2022 decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0181.

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. 1 This jurisdiction encompasses any adverse decision issued by OWCP within 180 days of the date appellant filed his appeal.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

1
5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
Id. at § 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. The Board notes that there are no documents of record issued by OWCP dated either July 15 or November 16, 2022. exercise jurisdiction, the Board concludes that the appeal docketed as No. 2 3-0181 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0181 is dismissed.

Issued: July 18, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, 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