M.M. and U.S. Postal Service, Morgan Processing and Distribution Center (Board decision, July 17, 2025)

ECAB final decision. The Board dismissed docket 25-0665 because the June 13, 2025 OWCP letter was not a final adverse decision. 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 New York postal employee appealed an OWCP letter asking for more claim evidence. Although the letter mentioned appeal rights, it was a follow-up development request and did not decide the claim. The Board dismissed the appeal for lack of jurisdiction.

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; development letter not reviewable.
• Key point: A request for additional evidence was not a final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.M., Appellant
)
)
and ) Docket No. 25-0665
)
Issued: July 17, 2025
U.S. POSTAL SERVICE, MORGAN
)
PROCESSING & DISTRIBUTION CENTER, )
New York, NY, 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 27, 2025 appellant sought appeal from a purported June 13, 2025 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0665.

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 decision issued by OWCP within 180 days of the date appellant filed this appeal. 2 Although the case record does contain a letter dated June 13, 2025, which included appeal rights, it was purely informational in nature, as it was a follow-up development letter advising appellant that she had 60 days to submit additional evidence. This follow-up development letter did not constitute a final adverse OWCP decision from which appellant may properly appeal. 3 Because there is no final adverse OWCP decision 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
See Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25- 0665 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0665 is dismissed.

Issued: July 17, 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