H.W. and Department of the Air Force, Vandenberg Air Force Base (Board decision, February 27, 2024)

ECAB final decision. The Board dismissed this appeal because the record contained no final adverse OWCP decision within its review jurisdiction. The underlying compensation matter was not decided. 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

An Air Force employee appealed OWCP’s November 2022 action. That action vacated an earlier suspension of benefits, so it was not a final adverse decision. The Board found no other appealable final adverse decision in the relevant period and dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of an appealable decision.
• Key point: An action vacating a benefit suspension was not a final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.W., Appellant
)
)
and ) Docket No. 23-0263
)
Issued: February 27, 2024
DEPARTMENT OF THE AIR FORCE,
)
VANDENBERG AIR FORCE BASE, CA,
)
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
VALERIE D. EVANS-HARRELL, Alternate Judge

On December 17, 2022 appellant sought an appeal from a purported final adverse November 14, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0263.

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 Employees’ Compensation Act. 1 This jurisdiction encompasses any final 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 The November 14, 2022 decision was not a final adverse decision as it vacated a

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.
September 19, 2022 suspension decision. 4 Consequently, 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. 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 Docket No. 23-0263 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0263 is dismissed.

Issued: February 27, 2024
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

4
Id. at § 501.2(c)(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