E.G. and Department of the Air Force, Air Training Command (Board decision, February 14, 2025)

ECAB final decision. The Board dismissed the appeal because an internal OWCP memorandum was not a final adverse decision. It did not reach a compensation 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

An Air Force employee appealed a purported December 2024 OWCP decision. The case record contained a document from that date, but the Board identified it as an internal memorandum. Because the memorandum was not a final adverse decision and the record contained no other reviewable decision in the filing window, the Board dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: FECA; 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
• Key point: An internal memorandum did not give the Board jurisdiction to review the claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.G., Appellant
)
)
and ) Docket No. 25-0266
)
Issued: February 14, 2025
DEPARTMENT OF THE AIR FORCE, AIR )
TRAINING COMMAND, JOINT BASE
)
SAN ANTONIO-LACKLAND, Lackland, TX, )
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 VALERIE D. EVANS-HARRELL, Alternate Judge

On January 21, 2025, appellant filed an appeal from a purported December 3, 2024 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0266.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse decisions issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed this appeal.2 Although the case record contains a document prepared by OWCP dated December 3, 2024, it is an internal memorandum. Thus, it does not constitute a final adverse decision from which appellant may properly appeal. 3 As there is no final adverse OWCP

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
See Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25-0266 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0266 is dismissed.

Issued: February 14, 2025
Washington, DC

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

Patricia H. Fitzgerald, Deputy Chief 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