O.M. and U.S. Postal Service, Bedford Park Post Office (Board decision, June 26, 2024)

ECAB final decision dismissing appeal. The Board dismissed the appeal because the OWCP proposal was not a final adverse decision subject to Board review. Under 20 C.F.R. § 501.6(d), this dismissal 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

The appellant tried to appeal a March 16, 2023 notice proposing to terminate benefits. The Board found that the notice gave the worker an opportunity to submit evidence before OWCP made a final decision. Because the proposal was an interlocutory step and the record contained no final adverse decision within the appeal period, the Board dismissed the appeal without reaching the proposed termination’s merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.2(c)(2), 501.3(e), and 501.6(d).
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: A proposed termination notice could not be appealed to the Board before OWCP issued a final decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
O.M., Appellant
)
)
and ) Docket No. 24-0676
)
Issued: June 26, 2024
U.S. POSTAL SERVICE, BEDFORD PARK )
POST OFFICE, Bedford Park, IL, 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 June 10, 2024 appellant sought an appeal from a purported March 16, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0676.

The Board has duly considered the matter, and 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 his/her appeal.2 Appellant appealed from a March 16, 2023 notice of proposed termination. The Board concludes that the notice is not a final adverse decision as OWCP afforded appellant an opportunity to submit additional evidence prior to issuing a final decision .

Section 501.2 (c)(2) of the Board’s Rules of Procedure provides: “There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency

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), which provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of OWCP.”

of a case.”3 Consequently, the case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal. As there is no final adverse decision issued by OWCP over which the Board m ay properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 24-0676 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0676 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

3
Id. at § 501.2(c)(2).
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