W.W. and Department of the Treasury, Internal Revenue Service, Richmond, VA (Board decision, October 20, 2023)

ECAB final decision. The Board dismissed W.W.'s appeal because the case record contained no final adverse OWCP decision issued within the 180-day period over which the Board could exercise jurisdiction. It did not review the underlying compensation matter. 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 this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

W.W. sought Board review of what he described as an April 2023 OWCP decision. The record sent to the Board contained no final adverse OWCP decision from the relevant 180-day period. Without a reviewable decision, the Board had no jurisdiction to hear the appeal. It dismissed the proceeding without reaching the underlying claim.

Decision snapshot

• Authority: Board jurisdiction over final OWCP decisions under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed for lack of a reviewable final OWCP decision.
• Key point: A Board appeal requires a final adverse OWCP decision in the applicable review window.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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W.W., Appellant
)
)
and ) Docket No. 23-0819
)
Issued: October 20, 2023
DEPARTMENT OF THE TREASURY,
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INTERNAL REVENUE SERVICE,
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Richmond, VA, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On May 23, 2023 appellant sought an appeal from a purported April 20, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0819.

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 final 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 issued by OWCP 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. § 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. exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 2 3-0819 must be dismissed. 4 Accordingly

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-0819 is dismissed.

Issued: October 20, 2023
Washington, DC

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

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

Valerie D. Evans-Harrell, 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