S.S. and Department of Homeland Security, Transportation Security Administration (Board decision, June 27, 2023)

ECAB final decision. The Board dismissed the appeal because the record contained no final adverse OWCP decision within the appeal period. This dismissal ends the Board appeal and does not decide compensation entitlement. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A Transportation Security Administration worker appealed what she described as an OWCP decision. The Board found no final adverse OWCP decision in the record from the 180 days before her appeal. It noted that the most recent identified OWCP decision had accepted conditions in her claim, so that decision was not adverse. Without an appealable decision, the Board dismissed the appeal for lack of jurisdiction. It did not decide the underlying compensation claim.

Decision snapshot

• Authority: ECAB jurisdiction over final adverse OWCP decisions, 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Appeal dismissed for lack of an appealable OWCP decision.
• Key point: The Board needed a final adverse OWCP decision within its appeal period to exercise jurisdiction.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.S., Appellant
)
)
and ) Docket No. 23-0305
) Issued: June 27, 2023
DEPARTMENT OF HOMELAND SECURITY,
)
TRANSPORTATION SECURITY
)
ADMINISTRATION, Bloomington, MN,
)
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 December 7, 2022 appellant filed an appeal from a purported decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0305.

The Board, having duly considered the matter, notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees ’ Compensation Act (FECA).1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed her 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 th e 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. The Board notes that the most recent OWCP decision is dated May 16, 2022, in which OWCP accepted appellant’s claim for various conditions. Thus, this decision does not constitute a final adverse decision as contemplated by 20 C.F.R. §§ 501.2(c) and 501.3. Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 23-0305 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0305 is dismissed.

Issued: June 27, 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.” 20 C.F.R. § 501.6(d).

2