D.S. and Department of Veterans Affairs, Doris Miller VA Medical Center (Board decision, February 22, 2024)

ECAB final decision. The Board dismissed the appeal because the record contained no timely final adverse OWCP decision. 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 VA employee sought review of a purported March 2023 OWCP decision. The record sent to the Board contained neither that decision nor another final adverse decision issued within the 180-day appeal period. The Board dismissed the appeal for lack of jurisdiction without deciding the compensation claim.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a final adverse decision.
• Key point: The Board could not review an action absent from the record or outside its appeal period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.S., Appellant
)
)
and ) Docket No. 24-0124
)
Issued: February 22, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
DORRIS MILLER VA MEDICAL CENTER, )
Waco, TX, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On November 25, 2023, appellant sought an appeal from a purported March 1, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0124.

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 her appeal.2 The case record as transmitted to the Board neither contains a March 1, 2023 decision nor any decision from OWCP issued within 180 days from the date of docketing the current appeal.3 As there is no final adverse decision issued by OWCP over which

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. the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No.
24-0124 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0124 is dismissed.

Issued: February 22, 2024
Washington, DC

Alec J. Koromilas, 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).