S.H. and U.S. Postal Service, Reston Post Office (Board decision, May 7, 2025)

ECAB final decision dismissing appeal. The Board dismissed the new appeal for lack of a reviewable OWCP decision and dismissed the petition to reconsider its earlier reconsideration denial for lack of jurisdiction. 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 tried to appeal an April 2025 Board order as though it were an OWCP decision. The Board dismissed the appeal because it had no recent adverse OWCP decision to review. It also dismissed the filing as a second petition for reconsideration because its rules provide no such petition from a denial of reconsideration.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: New appeal and second reconsideration petition dismissed.
• Key point: A Board reconsideration denial cannot be appealed as a fresh OWCP decision or reconsidered again under the Board rules.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.H., Appellant
)
)
and ) Docket Nos. 25-0461 & 21-1349
)
Issued: May 7, 2025
U.S. POSTAL SERVICE, RESTON POST )
OFFICE, Reston, VA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 25-0461 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 21-1349

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 4, 2025 appellant sought an appeal from a purported April 3, 2025 decision of Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0461.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of 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 case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal. 3 The Board notes that the record contains an April 3, 2025 Board order

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. which denied appellant’s petition for reconsideration in Docket No. 21-1349.4 As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25 -0461 must be dismissed.

To the extent that appellant’s April 4, 2025 appeal may be construed as a petition for reconsideration of the Board’s April 3, 2025 order denying appellant’s petition for reconsideration in Docket No. 21-1349, the Board has duly considered the matter and notes that there is no provision in FECA, 5 or in the Board’s Rules of Procedure,6 for filing a petition for reconsideration from the denial of a petition for reconsideration. As such, the Board concludes that it lacks jurisdiction to either grant or deny the petition for reconsideration with regard to Docket No. 21- 1349.7 The petition for reconsideration must, therefore, be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0461 is dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 21- 1349 is dismissed for lack of jurisdiction.

Issued: May 7, 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
4
Order Denying Petition for Reconsideration, Docket No. 21-1349 (issued April 3, 2025).
5
5 U.S.C. § 8101 et seq.
6
20 C.F.R. § 501.7.
7
See John A. Johnson, 44 ECAB 602 (1993) (wherein the Board dismissed appellant’s petition for reconsideration of a denial of a petition for reconsideration, finding no basis to file a second petition for reconsideration, pursuant to 20 C.F.R. § 501.7(a)).

2