S.M. and Department of Defense, Defense Supply Center (Board decision, June 26, 2024)

ECAB final decision dismissing appeal. The Board dismissed the appeal because the appellant did not file a signed notice after the Clerk requested one. The merits of OWCP’s decision were not reviewed. 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 Defense Supply Center worker appealed an OWCP nonmerit decision using an unsigned appeal form. The Clerk of the Appellate Boards asked her to submit a signed form within 30 days and warned that the appeal would otherwise be dismissed. She did not respond. Because the Board’s rules require the appellant’s signature, the Board found no valid appeal before it and dismissed the case.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(c)(6).
• Outcome: Appeal dismissed without merits review.
• Key point: An unsigned notice did not create a valid Board appeal after the defect went uncured.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.M., Appellant
)
)
and ) Docket No. 24-0209
)
Issued: June 26, 2024
DEPARTMENT OF DEFENSE, DEFENSE
)
SUPPLY CENTER, Columbus, OH, 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 December 27, 2023 appellant filed an appeal from a November 22, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0209. Appellant did not sign her appeal.

By letter dated December 28, 2023, the Clerk of the Appellate Boards informed appellant that the Board required that all appeal forms be signed by the appellant submitting the appeal. The letter requested that a signed appeal form be submitted to the Board within 30 days of the date of the letter, and that failure to respond would result in dismissal of the appeal. The Board notes that such action is necessary as section 501.3(c)(6) of the Board’s Rules of Procedure requires that an appellant must sign the notice of appeal. 1 If appellant does not sign the notice of appeal, there is no valid appeal before the Board.

No response was received within the time allotted for submission of a proper appeal.

1
20 C.F.R. § 501.3(c)(6).

The Board has duly considered the matter and concludes that as appellant has not filed a properly signed notice of appeal in this case, there is no valid appeal before the Board. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0209 is dismissed.

Issued: June 26, 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

2