R.M. and Department of Justice, U.S. Attorney’s Office, Southern District of Texas (Board decision, February 20, 2024)

ECAB final decision. The Board dismissed the appeal because the record lacked a timely final adverse 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 Justice Department employee sought to appeal a purported November 2023 OWCP decision. The transmitted record did not contain that decision or another final adverse decision within the 180-day review period. The Board dismissed the appeal for lack of jurisdiction without deciding the underlying claim.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a reviewable decision.
• Key point: No final adverse OWCP decision appeared in the appeal record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.M., Appellant
)
)
and ) Docket No. 24-0133
)
Issued: February 20, 2024
DEPARTMENT OF JUSTICE, U.S.
)
ATTORNEY’S OFFICE, SOUTHERN
)
DISTRICT OF TEXAS, Houston, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On November 28, 2023 appellant sought an appeal from a purported November 21, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0133.

The Board, having duly considered this matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions 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 his/her appeal.2 The case record as transmitted to the Board does not contain a final adverse decision of OWCP either issued on November 21, 2023 or within 180 days from the date of docketing of the current appeal. 3 As there is no final adverse decision issued by OWCP

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. over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 24-0133 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0133 is dismissed.

Issued: February 20, 2024
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, 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