C.S. and U.S. Postal Service, Santa Ana Window Services Post Office (Board decision, May 28, 2024)

ECAB final decision dismissing appeal. The Board dismissed the appeal because OWCP's expansion of the accepted claim was not an adverse decision for it to review. 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 of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A Santa Ana postal employee appealed an OWCP decision expanding the conditions accepted in her compensation claim. The Board found that the expansion was favorable, so it was not an adverse decision within its appeal jurisdiction. It dismissed the appeal without deciding any underlying injury issue.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(a) and 501.6(d).
• Outcome: Appeal dismissed for lack of an adverse OWCP decision.
• Key point: A favorable expansion of an accepted claim did not give the Board an adverse decision to review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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C.S., Appellant
)
)
and ) Docket No. 24-0378
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Issued: May 28, 2024
U.S. POSTAL SERVICE, SANTA ANA
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WINDOW SERVICES POST OFFICE,
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Santa Ana, CA, 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 February 26, 2024 appellant sought an appeal from a February 22, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0378.

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 (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed the appeal. 2 The February 22, 2024 decision is an expansion of the acceptance of the claim. Therefore, it is not averse to appellant and is not subject to appeal. 3 As there is no final adverse decision issued by OWCP over which the Board may properly exercise

1
5 U.S.C. § 8101 et seq; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2
Id. at § 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 OWCP.

3
Id. at § 501.3(a). jurisdiction, the Board concludes that the appeal docketed as No. 2 4-0378, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0378 is dismissed.

Issued: May 28, 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. Id. at § 501.6(d).

2