D.H. and Department of Transportation, Federal Aviation Administration (Board decision, December 22, 2023)

ECAB final decision. The Board dismissed the appeal for lack of jurisdiction because the record contained no final adverse OWCP decision issued within the review period. The underlying compensation matter was not decided. 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 the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A Federal Aviation Administration employee sought Board review of a purported July 3, 2023 OWCP decision. The record sent to the Board contained no final adverse OWCP decision issued within 180 days of the appeal. The Board therefore dismissed the appeal without addressing any underlying compensation issue.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e), the Board’s 180-day review period.
• Outcome: Appeal dismissed for lack of jurisdiction.
• Key point: The Board needs a final adverse OWCP decision in the review period before it can hear an appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.H., Appellant
)
)
and ) Docket No. 23-1017
)
Issued: December 22, 2023
DEPARTMENT OF TRANSPORTATION,
)
FEDERAL AVIATION ADMINISTRATION, )
Washington, DC, Employer
)
__________ )

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

ORDER DISMISSING APPEAL
Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On July 26, 2023 appellant sought an appeal from a purported July 3, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1017.

The Board, having duly considered this 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 adverse decision issued by OWCP within 180 days of the date appellant filed her appeal. 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.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 No. 23 -1017 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-1017 is dismissed.

Issued: December 22, 2023
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

James D. McGinley, 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