H.C. and U.S. Postal Service (Board decision, October 31, 2024)

ECAB final decision. The Board dismissed the appeal for lack of a final adverse decision. 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 postal employee appealed an August 2024 OWCP ruling. That ruling vacated an earlier suspension of compensation for missing a medical examination and was therefore favorable to him. The Board found no final adverse decision within its review period and dismissed the appeal.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of an adverse OWCP decision.
• Key point: A decision lifting a benefits suspension gave the Board no adverse ruling to review.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.C., Appellant
)
)
and ) Docket No. 25-0002
)
Issued: October 31, 2024
U.S. POSTAL SERVICE, FOUNTAIN VALLEY )
POST OFFICE, Fountain Valley, CA, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On September 30, 2024 appellant sought an appeal from an August 22, 2024 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0002.

The Board, having duly considered the matter, notes that it has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 The Board’s jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed his 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 Although the case record contains an OWCP decision dated August 22, 2024, this decision does not constitute a final adverse OWCP decision. In this August 22, 2024 decision, OWCP vacated a May 5, 2023 decision suspending appellant’s compensation benefits for failure to attend a second opinion evaluation. As there is no final adverse decision issued by OWCP over

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
Id. which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25-0002 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 25-0002 is dismissed.

Issued: October 31, 2024
Washington, DC

Alec J. Koromilas, 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