R.R. and Department of Veterans Affairs, Pittsburgh VA Medical Center (Board decision, May 6, 2025)

ECAB final decision dismissing appeal. The Board dismissed the new appeal for lack of a reviewable OWCP decision and the petition to reconsider an earlier Board decision as untimely. 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 VA worker sought to appeal a January 2025 Board decision as though it were an OWCP decision. The Board dismissed the new appeal because it had no recent adverse OWCP decision to review. It also dismissed the filing as a reconsideration petition because it came after the 30-day period.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: New appeal and reconsideration petition dismissed.
• Key point: An earlier Board ruling was not a new OWCP decision, and the petition to reconsider it was late.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.R., Appellant
)
)
and ) Docket Nos. 25-0462 &
)
25-0090
DEPARTMENT OF VETERANS AFFAIRS, ) Issued: May 6, 2025
PITTSBURGH VA MEDICAL CENTER,
)
Pittsburgh, PA, Employer
)
__________ )

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

ORDER DISMISSING APPEAL IN DOCKET NO. 25-0462 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 25-0090

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 2, 2025 appellant sought an appeal from a purported January 31, 2025 final adverse decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0462.

The Board has duly considered the matter and notes that its jurisdiction is limited to the review of final adverse OWCP 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 his appeal. 2 The January 31, 2025 decision being appealed, however, was a Board decision assigned Docket No. 25-0090.3 There is no final adverse decision issued by OWCP within 180 days of the filing of this appeal. As there is no final adverse decision issued by 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
Docket No. 25-0090 (issued January 31, 2025).
OWCP within 180 days of the filing of this appeal over which the Board may properly exercise jurisdiction,4 the Board finds that the appeal docketed as No. 25-0462 must be dismissed.

To the extent that appellant’s April 2, 2025 appeal may be construed as a timely petition for reconsideration of the Board’s January 31, 2025 decision under Docket No. 25-0090, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance. 5 As appellant did not file her disagreement with the Board’s January 31, 2025 decision until April 2, 2025, this submission may not be deemed as a timely petition for reconsideration as it was filed in excess of 30 days from the date of issuance. 6 Thus, the petition for reconsideration of the January 31, 2025 Board decision in Docket No. 25-0090 must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0462 is dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 25- 0090 is dismissed as untimely filed. 7

Issued: May 6, 2025
Washington, DC

Alec J. Koromilas, 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
Supra note 2.
5
20 C.F.R. § 501.6(d).
6
See id. at § 501.7(a).
7
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Supra note 5.

2