E.W. and U.S. Postal Service, Spokane Processing & Distribution Center, Spokane, WA (Board decision, January 3, 2024)

ECAB final decision. The Board dismissed the appeal because OWCP's March 1, 2023 action was not a final adverse decision. OWCP had vacated a benefit reduction and added cervical radiculopathy to the accepted claim. 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 action concerning wage-loss benefits and the conditions covered by his claim. That action had withdrawn an earlier reduction of compensation and expanded the claim to include cervical radiculopathy. The Board found it was not a final adverse decision it could review. It dismissed the appeal without reaching the merits.

Decision snapshot

• Authority: ECAB jurisdiction over final adverse OWCP decisions, 20 C.F.R. § 501.3(a).
• Outcome: Appeal No. 23-1126 dismissed.
• Key point: An OWCP action withdrawing an adverse reduction and expanding coverage gave the Board no final adverse decision to review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.W., Appellant
)
)
and ) Docket No. 23-1126
)
Issued: January 3, 2024
U.S. POSTAL SERVICE, SPOKANE
)
PROCESSING & DISTRIBUTION CENTER, )
Spokane, WA, 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 August 28, 2023 appellant sought an appeal from a purported final adverse March 1, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1126.

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 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 over which the Board may properly exercise jurisdiction.3 The March 1, 2023 OWCP decision was not a final adverse decision as OWCP vacated an October 13, 2022 decision, which reduced appellant’s wage-loss compensation, effective September 2, 2022. It also expanded the acceptance

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), which 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.

of appellant’s claim to include cervical radiculopathy. 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 No. 23-1126 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-1126 is dismissed.

Issued: January 3, 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
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