A.L. and U.S. Postal Service, Wakefield Post Office, Wakefield, RI (Board decision, January 29, 2024)

ECAB final decision. The Board dismissed an appeal from OWCP’s proposed wage loss reduction because the proposal was not a final adverse decision. Under 20 C.F.R. § 501.6(d), Board orders become final after 30 days; a party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed after OWCP sent a notice proposing to reduce her wage loss compensation. The Board found that OWCP had not issued a final decision on the reduction when she appealed. Its rules bar appeals from such interim matters. The Board dismissed this appeal for lack of a reviewable OWCP decision and did not decide whether the proposed reduction was proper.

Decision snapshot

• Authority: 20 C.F.R. § 501.2(c)(2).
• Outcome: Appeal dismissed because the proposed reduction was not a final adverse OWCP decision.
• Key point: A notice proposing a benefit reduction did not give the Board jurisdiction to review the reduction.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.L., Appellant
)
)
and ) Docket No. 23-0917
)
Issued: January 29, 2024
U.S. POSTAL SERVICE, WAKEFIELD POST )
OFFICE, Wakefield, RI, 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 June 13, 2023 appellant sought an appeal from a purported May 5, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0917.

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. 1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed the appeal. 2 On May 5, 2023 OWCP issued a notice of proposed reduction of appellant’s wage-loss compensation benefits. The May 5, 2023 notice did not constitute a final adverse decision. It had not issued a final decision regarding the reduction of wage -loss compensation benefits as of June 13, 2023, the date appellant filed her appeal. Section 501.2(c)(2) of the Board’s Rules of Procedure provides: “There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.”3

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. at § 501.2(c)(2).
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. 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 Docket No. 23 -0917 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-0917 is dismissed.

Issued: January 29, 2024
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

4
Id. See also Order Dismissing Appeal, M.M., Docket No. 22-0997 (issued February 7, 2023).
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