K.C. and Department of Veterans Affairs (Board decision, October 28, 2024)

ECAB final decision. The Board dismissed the appeal because the OWCP decisions accepted the claim and an additional condition. 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 Veterans Affairs employee appealed two OWCP decisions. The first accepted the claim, and the second added another accepted condition. The Board found neither decision adverse to the employee. Because it had no final adverse OWCP decision to review, it dismissed the appeal without deciding benefit entitlement.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: An OWCP decision accepting a claim or expanding acceptance is not an adverse decision appealable to the Board.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.C., Appellant
)
)
and ) Docket No. 24-0953
)
Issued: October 28, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
FRESNO VA MEDICAL CENTER,
)
Fresno, 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 September 30, 2024 appellant filed an appeal from June 27 and August 20, 2024 merit decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0953.

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 Act1 (FECA). This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed the appeal. 2 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.3 The June 27, 2024 decision is an acceptance of the claim, and the August 20, 2024 decision is an expansion of OWCP’s acceptance of the claim to include an additional condition.

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 OWCP.” 3
Id.
Therefore, these decisions are not adverse to appellant and are 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 -0953, must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0953 is dismissed.

Issued: October 28, 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
20 C.F.R. § 501.3.
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