C.G. and Department of Veterans Affairs, William S. Middleton Memorial Veterans’ Hospital, Madison, WI (Board decision, January 22, 2024)

ECAB final decision. The Board dismissed the appeal because the record contained no final adverse OWCP decision within its review period. The cited January 11, 2023 decision was the Board’s own earlier decision, which had become final. 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 VA employee appealed a purported January 11, 2023 OWCP decision. The Board found that the decision issued on that date was its own earlier ruling, not an OWCP decision. The transmitted record contained no recent final adverse OWCP decision that the Board could review. It dismissed the new appeal for lack of jurisdiction.

Decision snapshot

• Authority: ECAB jurisdiction and finality rules, 20 C.F.R. §§ 501.2(c), 501.3(a), 501.6(d).
• Outcome: Appeal No. 23-0362 dismissed.
• Key point: The Board could not review an appeal without a qualifying final adverse OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.G., Appellant
)
)
and
)
)
Docket Nos. 23-0362
DEPARTMENT OF VETERANS AFFAIRS, ) Issued: January 22, 2024
WILLIAM S. MIDDLETON MEMORIAL
)
VETERANS’ HOSPITAL, Madison, WI, )
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
JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On January 14, 2023 appellant filed an appeal from a purported January 11, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0362.

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 The only decision of record dated January 11, 2023 was a Board decision in Docket No. 22-0536 affirming OWCP decisions dated November 9, 2021 and February 15, 2022.2 The decision became final after 30 days of issuance and is not subject to further review. 3 The case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
Docket No. 22-0536 (issued January 11, 2023).
3
20 C.F.R. § 501.6(d); see R.T., Docket No. 19-0604 (issued September 13, 2019).

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. 23-0362 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0362 is dismissed.

Issued: January 22, 2024
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

4
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.” 5
To the extent that appellant’s appeal constitutes a timely petition for reconsideration of the Board’s January11, 2023 decision, the petition for reconsideration will proceed separately under Docket No. 22 -0536.

2