J.M. and U.S. Postal Service, San Antonio Post Office (Board decision, February 5, 2024)

ECAB final decision. The Board dismissed the appeal because the record contained no final adverse OWCP decision within its review period. The underlying claim remains for OWCP to decide. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A postal employee appealed a purported June 22, 2023 OWCP decision. The Board found no final adverse OWCP decision in the record within 180 days of the appeal. A June 22 order was the Board’s own earlier remand, not a new OWCP decision. Without a reviewable decision, the Board dismissed the appeal.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
• Key point: The Board cannot review a claim before OWCP issues a final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.M., Appellant
)
)
and ) Docket No. 23-1077
)
Issued: February 5, 2024
U.S. POSTAL SERVICE, POST OFFICE, )
San Antonio, TX, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On August 9, 2023 appellant filed an appeal from a purported June 22, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1077.

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 adverse 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 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
Id. at § 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 OWCP.”
3
Id. The Board notes that by order dated June 22, 2023 the Board remanded this case to OWCP for further development. Order Remanding Case, Docket No. 23-0162 (issued June 22, 2023). exercise jurisdiction, the Board concludes that the appeal docketed as Doket No. 23-1077 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-1077 is dismissed.

Issued: February 5, 2024
Washington, DC

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

Janice B. Askin, 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