E.H. and Department of the Navy, Puget Sound Naval Shipyard (Board decision, February 28, 2024)

ECAB final decision. The Board dismissed the appeal because the OWCP letter was not a final adverse decision. The underlying compensation issue remains before OWCP. The Board order is final upon expiration of 30 days from issuance under 20 C.F.R. § 501.6(d); 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 Navy shipyard employee appealed an August 2023 OWCP letter. The Board found that the letter only provided information and was not a final adverse decision. It dismissed the appeal for lack of jurisdiction without reviewing the underlying compensation dispute.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a final decision.
• Key point: An informational letter cannot be appealed as a final OWCP ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.H., Appellant
)
)
and ) Docket No. 23-1190
)
Issued: February 28, 2024
DEPARTMENT OF THE NAVY, PUGET
)
SOUND NAVAL SHIPYARD, Bremerton, WA, )
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 VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On September 25, 2023 appellant sought an appeal from a purported August 2, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1190.

The Board, having duly considered the matter, notes that it 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 2 of the date appellant filed the appeal. 3 Although the case record does contain an August 2, 2023 letter from OWCP, it is purely informational in nature and, thus, does not constitute a final adverse decision

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
On August 11, 2023, appellant filed a timely appeal from February 28 and June 2, 2023 merit decisions of OWCP under Docket No. 23-1087. The Board affirmed these decisions on January 8, 2024. See Docket No. 23-1087 (issued January 8, 2024). 3 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.” by OWCP from which appellant may properly appeal.4 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 Docket No. 23-1190 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-1190 is dismissed.

Issued: February 28, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy Chief 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
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