B.B. and Department of the Interior (Board decision, November 4, 2024)

ECAB final decision. The Board dismissed the appeal for lack of an 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 Department of the Interior employee sought Board review of a September 2022 OWCP decision accepting the claim. Because that decision was favorable rather than adverse, the Board had no final adverse decision to review. It dismissed the appeal without addressing the claim's merits.

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: The Board reviews final adverse decisions, not a decision accepting a claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.B., Appellant
)
)
and ) Docket No. 25-0030
)
Issued: November 4, 2024
DEPARTMENT OF THE INTERIOR,
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GRAND COOLEE POWER OFFICE,
)
Grand Coulee, WA, 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 October 14, 2024 appellant filed an appeal from a purported September 2, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0030.

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 (FECA).1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed the appeal.2

The September 2, 2022 decision was not a final adverse decision as OWCP accepted appellant’s claim. Therefore, this decision is not adverse to appellant and is not subject to appeal.3 As there is no final adverse decision issued by OWCP over which the Board may properly exercise

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
20 C.F.R. § 501.3. jurisdiction, the Board concludes that the appeal docketed as No. 25 -0030 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0030 is dismissed.

Issued: November 4, 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
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