M.L., Executor of the Estate of E.L., and U.S. Postal Service, Moss Point Branch Post Office (Board decision, April 1, 2025)

ECAB final decision. The Board dismissed the appeal because OWCP's decision was void while the same survivor issue remained before the Board; the benefit claim was not decided here. 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 estate executor appealed OWCP's denial of survivor benefits. The Board found a petition about the same issue was already pending before it when OWCP issued that denial. Because OWCP could not exercise jurisdiction simultaneously, its decision was void and the appeal was dismissed.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed; OWCP survivor decision held void.
• Key point: OWCP could not decide the same issue while a Board petition remained pending.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.L., Executor of the Estate of E.L., Appellant )
)
and ) Docket No. 25-0344
)
Issued: April 1, 2025
U.S. POSTAL SERVICE, MOSS POINT
)
BRANCH POST OFFICE, Moss Point, MS, )
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 February 26, 2025 appellant filed a timely appeal from a November 21, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0344.

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 November 21, 2024 decision, OWCP denied appellant’s claim for survivor’s benefits. However, on July 16, 2024, appellant had filed a petition for reconsideration of the Board’s June 28, 2024 decision, under Docket No. 23-1193, regarding the same underlying merit issue.2 As the same underlying issue of whether appellant had established entitlement to survivor’s benefits was

1
20 C.F.R. §§ 501.2(c)(3), 10.626; Arlonia B. Taylor, 44 ECAB 591 (1993) (Groom, Alternate Member, concurring in part, dissenting in part); Douglas E. Billings, 41 ECAB 880 (1990). See also Order Dismissing Appeal, S.C., Docket No. 25-0123 (issued December 6, 2024); Order Dismissing Appeal, D.P., Docket No. 24-0875 (issued November 22, 2024); Order Dismissing Appeal, S.W., Docket No. 23-0923 (issued October 17, 2024); 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 See Order Denying Petition for Reconsideration, Docket No. 23-1193 (issued March 18, 2025). pending before the Board in Docket No. 23-1193 when OWCP issued its November 21, 2024 decision, the Board concludes that OWCP’s November 21, 2024 decision is null and void. 3

As OWCP’s November 21, 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 docketed as No. 25-0344 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT Docket No. 25-0344 is dismissed.

Issued: April 1, 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

3
Supra note 1.

2