M.R. and U.S. Postal Service, Mukwonago Post Office, Mukwonago, WI (Board decision, January 30, 2024)

ECAB final decision. The Board dismissed a docket opened for a health care provider’s request for payment because no person entitled to appeal an OWCP decision had filed one. Under 20 C.F.R. § 501.6(d), Board orders become final after 30 days; a party may petition 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 health care provider tried to obtain payment of medical expenses through an appeal listed under a postal worker’s name. The Board’s clerk had assigned the matter a docket number. The Board found that no person adversely affected by a final OWCP decision, or authorized representative, had filed an appeal as required by its rules. It dismissed the docket without deciding payment for the medical care.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(a), 501.6(d).
• Outcome: Appeal docket dismissed for lack of a valid appellant; medical payment request not decided.
• Key point: A provider’s payment request alone did not create a valid Board appeal under § 501.3(a).

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.R., Appellant
)
)
and ) Docket No. 23-0934
)
Issued: January 30, 2024
U.S. POSTAL SERVICE, MUKWONAGO POST )
OFFICE, Mukwonago, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge

On June 26, 2023 the Clerk of the Appellate Boards inadvertently assigned Docket No.
23-0934 to a purported appeal from a decision of the Office of Workers’ Compensation Programs
(OWCP).

The Board, having duly considered this matter, notes that the appeal was filed by a health care provider in an effort to secure payment of medical expenses. Section 501.3(a) of the Board’s Rules of Procedure provides that only a “person adversely affected by a final decision of the Director [of OWCP] or his or her authorized Representative, may file an appeal of such decision by the Board.”1 Here, neither a “person adversely affected” by a final OWCP decision, nor an “authorized Representative,” has filed an appeal to the Board. As such, there is no valid appeal before the Board and Docket No. 23-0934 must be dismissed. 2 Accordingly,

1
20 C.F.R. § 501.3(a).
2
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).
IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0934 is dismissed.

Issued: January 30, 2024
Washington, DC

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

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

2