S.K. and U.S. Postal Service, Hartford Processing & Distribution Center (Board decision, November 30, 2023)

ECAB final decision dismissing appeal. The Board dismissed the appeal for lack of a reviewable OWCP decision and did not reach the compensation merits. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed what the filing described as a September 11, 2023 OWCP decision. The record sent to the Board contained no final adverse OWCP decision issued within 180 days of the appeal. The Board found it had no decision over which it could exercise jurisdiction and dismissed the appeal. It did not decide the worker's compensation claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.2(c), 501.3(a), 501.3(e), 501.6(d).
• Outcome: Appeal dismissed for lack of a reviewable final adverse OWCP decision.
• Key point: The Board needs a final adverse OWCP decision in the record before it can review an appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.K., Appellant
)
)
and ) Docket No. 24-0053
) Issued: November 30, 2023
U.S. POSTAL SERVICE, HARTFORD
)
PROCESSING & DISTRIBUTION CENTER,
)
Hartford, CT, 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 October 13, 2023 appellant filed an appeal from a purported September 11, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0053.

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 adverse decision issued by OWCP within 180 days of the date appellant filed the 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

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) 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.” 3
Id. may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 24 -0053 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0053 is dismissed.

Issued: November 30, 2023
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
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