T.J. and U.S. Postal Service, City of Industry Processing & Distribution Center (Board decision, May 27, 2025)

ECAB final decision. The Board dismissed this appeal because the OWCP decision at issue was null and void. This order did not resolve the injury claim. 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 worker appealed an OWCP ruling on a workplace fall. The Board found OWCP had issued that ruling while the same merits issue was already pending before the Board in an earlier appeal. Because the agencies could not simultaneously decide the same issue, OWCP's later decision was null and void. The Board dismissed this appeal for lack of an appealable decision.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed because the challenged OWCP ruling was void.
• Key point: OWCP could not issue a new merits decision while the same issue was pending before the Board.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.J., Appellant
)
)
and ) Docket No. 25-0232
)
Issued: May 27, 2025
U.S. POSTAL SERVICE, CITY OF INDUSTRY )
PROCESSING & DISTRIBUTION CENTER, )
City of Industry, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge

On January 14, 2025 appellant filed a timely appeal from an October 10, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0232.

On June 16, 2021 appellant, then a 56-year-old health and resource specialist, filed a traumatic injury claim (Form CA-1) alleging that, on that date, she sustained injuries to her back, shoulder, hand, wrist, and hip when she slipped and fell on the wet floor in the women’s bathroom while in the performance of duty.

By decisions dated October 21, 2021 and March 18, 2022, OWCP denied appellant’s traumatic injury claim, finding that the medical evidence was insufficient to establish a medical condition causally related to the accepted June 16, 2021 employment incident.

By decision dated March 13, 2023, OWCP modified its March 18, 2022 decision to reflect that appellant’s traumatic injury claim was denied for failure to establish the June 16, 2021 employment incident occurred as alleged.
By decision dated July 20, 2023, OWCP denied modification of its March 13, 2023 decision.

On October 10, 2024 appellant filed an appeal with the Board from OWCP’s July 20, 2023 decision.

OWCP subsequently issued an October 10, 2024 decision denying modification of its July 20, 2023 decision.

The Board, having duly considered this matter, notes that the Board and OWCP may not simultaneously exercise jurisdiction over the same issue(s) in a case on appeal. 1 By the October 10, 2024 decision, OWCP denied modification of its July 20, 2023 merit decision, finding that the evidence of record was insufficient to establish that the June 16, 2021 incident occurred as alleged. However, the same merit issue was already pending before the Board in Docket No. 25-0014 when OWCP issued its October 10, 2024 decision. Consequently, OWCP’s October 10, 2024 decision is null and void. 2

As OWCP’s October 10, 2024 decision is null and void, there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction. The Board, therefore, concludes that the appeal assigned Docket No. 25-0232 must be dismissed. Accordingly,

1
20 C.F.R. §§ 501.2(c)(3), 10.626; Douglas E. Billings, 41 ECAB 880 (1990). See also Order Dismissing Appeal, M.B., Docket No. 23-0750 (issued July 20, 2023); Order Dismissing Appeal, A.J., Docket No. 22-1336 (issued May 15, 2023); Order Dismissing Appeal, M.H., Docket No. 22-0880 (issued November 4, 2022). 2 Id.; see also G.W., Docket No. 19-0260 (issued July 10, 2020); Cathy B. Millin, 51 ECAB 331 (2000).

2
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0232 is dismissed.

Issued: May 27, 2025
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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