G.C. and Department of the Navy, Pearl Harbor Naval Shipyard (Board decision, August 18, 2025)
Board dismisses Navy worker's appeal of informational letters (ECAB 25-0754)
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ECAB final decision. The Board dismissed docket 25-0754 for lack of a final adverse OWCP decision; it did not review compensation merits. 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 Navy worker appealed two OWCP letters dated March 21 and May 29, 2025. The Board found both letters informational and not final adverse decisions. Because there was no appealable OWCP decision in the record, it 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; informational OWCP letters were not reviewable decisions.
- Key point: A final adverse OWCP decision is required for Board jurisdiction.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
G.C., Appellant
)
)
and ) Docket No. 25-0754
)
Issued: August 18, 2025
DEPARTMENT OF THE NAVY, PEARL
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HARBOR NAVAL SHIPYARD,
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Pearl Harbor, HI, 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 VALERIE D. EVANS-HARRELL, Alternate Judge
On July 22, 2025 appellant sought an appeal from purported March 21 and May 29, 2025 decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0754.
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. 1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed his 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 Although the case record contains correspondence from OWCP to appellant dated March 21 and May 29, 2025, these are informational letters and, thus, they do not constitute final adverse decisions. 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- 0754 must be dismissed. 4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0754 is dismissed.
Issued: August 18, 2025
Washington, DC
Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board
Patricia H. Fitzgerald, Deputy Chief 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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