D.P. and U.S. Postal Service (Board decision, August 28, 2024)

ECAB final decision. The Board dismissed an appeal taken before OWCP issued a final adverse decision. This dismissal ends the Board appeal; it does not decide the underlying compensation claim. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal employee appealed OWCP’s May 14, 2024 proposal to terminate wage-loss and medical benefits. The Board found the proposal was not a final adverse OWCP decision it could review. OWCP later issued a final termination, but that occurred after this appeal was filed. The Board dismissed the appeal without deciding the benefits issue.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal of nonfinal termination proposal dismissed.
• Key point: An OWCP proposal to terminate benefits was not yet appealable to the Board.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.P., Appellant
)
)
and ) Docket No. 24-0688
)
Issued: August 28, 2024
U.S. POSTAL SERVICE, MOORESVILLE POST )
OFFICE, NORTHLAKE STATION,
)
Mooresville, NC, 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 14, 2024 appellant sought an appeal from a purported final adverse May 14, 2024 decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0688.

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.2 This jurisdiction encompasses any final decision issued by OWCP within 180 days prior to the date appellant filed her appeal. 3 On May 14, 2024 OWCP proposed to terminate appellant’s

1
The Board notes that, following the June 14, 2024 Board appeal, OWCP issued a June 21, 2024 final decision.
As this final decision was not issued at the time of the appeal to the Board, 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 of a case.” 20 C.F.R. § 501.2(c)(2). Thus, the Board is precluded from reviewing this decision on appeal. Id. 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), 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.” wage-loss compensation and medical benefits due to her accepted April 30, 2018 employment injury. However, the May 14, 2024 proposed termination was not a final adverse 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 of a case.”4 Consequently, the case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days prior to the date of docketing of the current appeal. 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. 24-0688 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0688 is dismissed.

Issued: August 28, 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

4
Id. at § 501.2(c)(2).
5
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