C.F. and Department of the Army, California National Guard (Board decision, April 24, 2024)

ECAB final decision. The Board dismissed the appeal because the challenged OWCP correspondence was informational and no final adverse decision was before it. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A California National Guard employee appealed a September 2010 OWCP letter. The Board found that the letter merely supplied information and did not finally decide a claim against him. With no final adverse OWCP decision within its jurisdiction, it dismissed the appeal without reaching any benefit issue.

Decision snapshot

• Authority: Board jurisdiction over final adverse decisions under 20 C.F.R. §§ 501.2(c) and 501.3.
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: Informational correspondence cannot be appealed as an adverse OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.F., Appellant
)
)
Docket No. 24-0481
and ) Issued: April 24, 2024
)
DEPARTMENT OF THE ARMY, CALIFORNIA )
NATIONAL GUARD, Fort Irwin, CA, 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
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 2, 2024 appellant filed an appeal from a purported September 1, 2010, decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0481.

The Board, having duly considered the 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 decision issued by OWCP within 180 days of the date appellant filed this appeal. 2 Although the case record does contain a letter/correspondence from OWCP dated September 1, 2010, it is purely informational in nature and, thus, does not constitute a final adverse OWCP decision from which appellant may properly appeal. 3 As there is no final

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
See Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). adverse OWCP decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 24-0481 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0481 is dismissed.

Issued: April 24, 2024
Washington, DC

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

Janice B. Askin, 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