J.B. and U.S. Postal Service, North Shore Post Office (Board decision, April 21, 2025)
Board dismisses appeal from job-offer correspondence (ECAB 25-0425)
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ECAB final decision dismissing appeal. The Board dismissed the appeal because it had no final adverse OWCP decision to review. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).
Plain-English summary
A postal worker appealed an OWCP letter asking the employer to offer work within medical restrictions. The Board found that the letter was informational and did not decide the worker's compensation rights. It dismissed the appeal without a merits ruling.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
- Key point: A request for the employer to offer suitable work was not a final adverse decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
J.B., Appellant
)
)
Docket No. 25-0425
and ) Issued: April 21, 2025
)
U.S. POSTAL SERVICE, NORTH SHORE )
POST OFFICE, Milwaukee, WI, Employer )
__________ )
Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL
Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On March 26, 2025 appellant filed an appeal from a March 4, 2025 purported decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0425.
The Board has duly considered the matter and 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 this appeal.2 Although the case record does contain correspondence from OWCP dated March 4, 2025, it is purely informational in nature as it requests that the employing establishment offer appellant a job within the work restrictions provided by an OWCP referral physician. Thus, it does not constitute a final adverse OWCP decision from which
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.” appellant may properly appeal. 3 Because there is no final adverse OWCP decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25- 0425 must be dismissed. 4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0425 is dismissed.
Issued: April 21, 2025
Washington, DC
Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board
Janice B. Askin, Judge
Employees’ Compensation Appeals Board
Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board
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). 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
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