R.K. and Department of Veterans Affairs, Pittsburgh VA Medical Center (Board decision, February 21, 2024)

ECAB final decision. The Board dismissed the appeal because no timely final adverse OWCP decision was in the record. 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 appealed a purported November 2023 OWCP decision. The record sent to the Board did not contain that final adverse decision or another final adverse decision issued within 180 days of the appeal. The Board dismissed the appeal for lack of jurisdiction without ruling on the underlying compensation claim.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a reviewable decision.
• Key point: The Board could not review a final adverse decision absent from the transmitted record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.K., Appellant
)
)
and ) Docket No. 24-0186
)
Issued: February 21, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
PITTSBURGH VA MEDICAL CENTER-
)
UNIVERSITY DRIVE, Pittsburgh, PA, 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 JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On December 6, 2023 appellant sought an appeal from a purported November 24, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0186.

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 does not contain a November 24, 2023 final adverse decision of OWCP or any final adverse OWCP decision issued within 180 days from the date of docketing of the current appeal over which the Board may properly exercise jurisdiction. As there is no final adverse decision by OWCP over which the

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.”
Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as Docket No. 24-0186 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 24-0186 is dismissed.

Issued: February 21, 2024
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

3
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).

2