E.A. and U.S. Postal Service, Post Office, La Puente, CA (Board decision, September 26, 2023)

ECAB final decision dismissing appeal. The Board dismissed the filing because it challenged a prior Board order rather than a final adverse OWCP decision. The filing will proceed as a reconsideration petition in the earlier Board docket. 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 of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker filed an appeal naming an April 2023 decision. That document was the Board’s own earlier order dismissing a prior appeal, rather than a new OWCP decision. The Board therefore lacked a final adverse OWCP decision to review in the new docket. It dismissed this appeal and said the filing would be handled as a petition to reconsider the earlier Board order.

Decision snapshot

• Authority: ECAB jurisdiction over final adverse OWCP decisions, 20 C.F.R. § 501.3(a).
• Outcome: New appeal dismissed; filing treated as prior docket reconsideration petition.
• Key point: A prior Board order cannot be appealed as though it were a new OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.A., Appellant
)
)
and ) Docket No. 23-0741
)
Issued: September 26, 2023
U.S. POSTAL SERVICE, POST OFFICE, )
La Puente CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On April 26, 2023 appellant filed an appeal from a purported April 12, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0741.

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 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision.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. The April 12, 2023 decision was a Board order, assigned Docket No. 23-0495, which dismissed appellant’s

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.” February 21, 2023 appeal as it was untimely filed from an August 20, 2021 OWCP merit decision. 3 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. 23-0741 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-0741 is dismissed.

Issued: September 26, 2023
Washington, DC

Janice B. Askin, 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
The documentation submitted in support of appellant’s appeal will proceed as a timely petition for reconsideration of the Board’s final order in Docket No. 23-0495.
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