Y.D. and Department of Veterans Affairs, Jesse Brown VA Medical Center (Board decision, July 12, 2024)

ECAB final decision. The Board dismissed this appeal because OWCP's January 16, 2024 decision accepted the claim and was not adverse to the appellant. This order ends the Board appeal without deciding any disputed benefit issue. 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 an OWCP decision accepting the compensation claim. The Board found that an acceptance was not a final adverse decision it could review. It dismissed the appeal for lack of jurisdiction. The order does not change OWCP's acceptance of the claim.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. § 501.3(a).
• Outcome: Appeal dismissed because the OWCP decision was favorable.
• Key point: The Board reviews final adverse OWCP decisions, not a decision accepting a claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
Y.D., Appellant
)
)
and ) Docket No. 24-0632
) Issued: July 12, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
JESSE BROWN VA MEDICAL CENTER,
)
Chicago, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
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 May 24, 2024 appellant, through counsel, sought an appeal from a January 16, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0632.

The Board, having duly considered this matter, notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees ’ Compensation Act2. This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed the appeal. 3 The January 16, 2024 decision is an acceptance of the claim. 1 In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R.
§ 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.
Therefore, it is not adverse to appellant and is not subject to appeal. 4 As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 24-0632, must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0632 is dismissed.

Issued: July 12, 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

4
Id. at § 501.3(a).

5
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