E.R. and U.S. Postal Service, Jacksonville Post Office (Board decision, February 6, 2024)

ECAB final decision. The Board dismissed the appeal because OWCP had not issued a final adverse decision on the current claim. The claim remains before OWCP. 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 what he believed was a September 26, 2023 OWCP decision on an occupational disease claim. The Board found no such final adverse decision in the record. OWCP had sent development letters asking for more evidence, but had not decided the claim. The Board dismissed the appeal for lack of jurisdiction and denied the request for oral argument.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed; OWCP claim remains pending.
• Key point: A development letter is not a final adverse decision that the Board can review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.R., Appellant
)
)
and ) Docket No. 24-0009
)
Issued: February 6, 2024
U.S. POSTAL SERVICE, JACKSONVILLE )
POST OFFICE, Jacksonville, FL, 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 October 3, 2023 appellant sought an appeal from a purported September 26, 2023 final adverse decision of the Office of Workers’ Compensation Programs (OWCP).

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.

There is no document of record dated September 26, 2023. However, there is a development letter dated September 1, 2023 and a second development letter dated September 28, 2023. The September 28, 2023 development letter reminded appellant that he had

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 the OWCP.” been afforded 60 days from the September 1, 2023 development letter to submit additional factual and medical evidence in support of his August 28, 2023 occupational disease claim (Form CA-2).

Section 501.2 (c)(2) of the Board’s Rules of Procedure provides: “There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.”3 OWCP has not issued a final adverse decision with regard to appellant’s August 28, 2023 claim for occupational disease. Consequently, the case record as transmitted to the Board does not contain a final adverse decision by OWCP issued within 180 days from the date of docketing of the current appeal. 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. 24-0009 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0009 is dismissed. 5

Issued: February 6, 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

3
Id. at § 501.2(c)(2).
4
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id. at § 501.6(d).
5
In light of the Board’s disposition of this matter, appellant’s request for oral argument is denied.

2