C.G. and U.S. Postal Service, Processing & Distribution Center, Tampa, FL (Board decision, January 12, 2024)

ECAB final decision. The Board dismissed the appeal because the July 27, 2023 OWCP letter described collection of an existing overpayment debt and was not a final adverse decision. The Board had no qualifying decision to review. 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).

Plain-English summary

A postal employee appealed an OWCP letter about how an existing overpayment debt would be collected. The Board found the letter informational, rather than a new final adverse decision. Its jurisdiction did not extend to review of that letter. It dismissed the appeal without reaching the underlying debt’s merits.

Decision snapshot

• Authority: ECAB appeal jurisdiction rule, 20 C.F.R. § 501.3(a); reconsideration rule, 20 C.F.R. § 501.7(a).
• Outcome: Appeal No. 23-1089 dismissed.
• Key point: An informational debt collection letter did not create a new appealable OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.G., Appellant
)
)
and ) Docket No. 23-1089
)
Issued: January 12, 2024
U.S. POSTAL SERVICE, PROCESSING & )
DISTRIBUTION CENTER, Tampa, FL,
)
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
VALERIE D. EVANS-HARRELL, Alternate Judge

On August 12, 2023 appellant filed an appeal from a purported July 27, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1089.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act. 2 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed this appeal. 3 Although the case record does contain a letter from OWCP dated July 27, 2023, it is purely informational in nature as it discusses the manner of debt collection regarding a final overpayment determination. Thus, it does not constitute a final adverse OWCP

1
Appellant’s appeal from a July 19, 2023 merit decision will be adjudicated separately under Docket No. 23-1074.
2
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.”

decision from which appellant may properly appeal. 4 Therefore, the Board concludes that the appeal docketed as No. 23-1089 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-1089 is dismissed.

Issued: January 12, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy 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
See Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). 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