M.M. and U.S. Postal Service, Sandy Post Office (Board decision, July 29, 2025)
Board dismisses postal worker's appeal without adverse decision (ECAB 25-0662)
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ECAB final decision. The Board dismissed docket 25-0662 for lack of a final adverse OWCP decision within the appeal period. 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 postal worker appealed what was described as an OWCP decision. The record sent to the Board contained no final adverse OWCP decision issued within 180 days of the appeal. Without an appealable decision, the Board dismissed the case for lack of jurisdiction and did not review compensation merits.
Decision snapshot
- Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
- Outcome: Appeal dismissed for lack of a final adverse OWCP decision.
- Key point: The Board could not review a claim without a timely appealable OWCP decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
M.M., Appellant
)
)
Docket No. 25-0662
and ) Issued: July 29, 2025
)
U.S. POSTAL SERVICE, POST OFFICE, )
Sandy, UT, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On June 25, 2025 appellant filed an appeal from a purported decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0662.
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 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 Because there is no final adverse decision issued by OWCP over which the
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.
Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25- 0662 must be dismissed. 4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0662 is dismissed.
Issued: July 29, 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
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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