A.D. and Department of Commerce, U.S. Census Bureau (Board decision, May 19, 2025)

ECAB final decision. The Board dismissed the appeal because there was no final adverse OWCP decision within its review period. The underlying claim was not decided anew. 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

A Census Bureau worker sought to appeal a purported 2023 OWCP decision. The Board found the most recent actual OWCP decision was from 2021 and had already been reviewed in an earlier Board appeal. With no final adverse decision within the 180-day appeal period, it dismissed the new appeal for lack of jurisdiction.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed for lack of a recent final adverse OWCP decision.
• Key point: An already reviewed older OWCP decision could not support a new appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.D., Appellant
)
)
Docket No. 25-0479
and ) Issued: May 19, 2025
)
DEPARTMENT OF COMMERCE, U.S.
)
CENSUS BUREAU, Bethesda, MD, 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 12, 2025 appellant filed an appeal from a purported April 23, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0479.

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 decision issued by OWCP within 180 days from the date appellant filed her appeal.2 As of the filing of the current appeal, the most recent OWCP decision was dated December 9, 2021. However, appellant previously appealed that decision to the Board. By a September 6, 2022 decision in Docket No. 22-0319, the Board affirmed OWCP’s December 9, 2021 decision, together with a July 8, 2021 decision.3

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. 22-0319 (issued September 6, 2022).
As there is no final adverse decision issued by OWCP within 180 days of the filing of this appeal over which the Board may properly exercise jurisdiction,4 the Board concludes that the appeal docketed as No. 25-0479 must be dismissed. 5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0479 is dismissed.

Issued: May 19, 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
Supra note 2.
5
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