F.S. and Department of Justice, Federal Bureau of Prisons, Coleman Federal Correctional Complex (Board decision, May 27, 2025)

ECAB final decision. The Board dismissed the appeal for lack of a final adverse OWCP decision. The proposed benefit termination was not decided by this order. 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 federal prison employee appealed a notice proposing to terminate wage-loss and medical benefits. The Board found the notice gave her time to respond and was not a final adverse OWCP decision. It dismissed the appeal without deciding whether benefits should be terminated.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed because proposed termination was not a final adverse decision.
• Key point: A proposed termination notice cannot be appealed to the Board before OWCP makes a final decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
F.S., Appellant
)
)
and ) Docket No. 25-0510
)
Issued: May 27, 2025
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS, COLEMAN FEDERAL )
CORRECTIONAL COMPLEX, Coleman, FL, )
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 April 28, 2025 appellant filed an appeal from an April 10, 2025 notice of proposed termination by the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0510.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act.1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed her appeal.2

By the April 10, 2025 notice, OWCP proposed to terminate appellant’s wage-loss compensation and medical benefits. It afforded her 30 days to submit additional evidence or argument challenging the proposed termination. The April 10, 2025 notice, therefore, does not constitute a final adverse decision regarding termination of appellant’s wage-loss compensation and medical benefits. Section 501.2(c)(2) of the Board’s Rules of Procedure provides: “There

1
5 U.S.C. § 8101 et seq; 20 C.F.R. §§ 501.2(c) and 501.3.
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. will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.”3

As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal assigned Docket No. 25-0510 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal assigned Docket No. 25-0510 is dismissed.

Issued: May 27, 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
Id. at § 501.2(c)(2).
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