M.S. and U.S. Postal Service, Post Office, Coppell, Texas (Board decision, March 6, 2026)
Postal worker's appeal dismissed for lack of an appealable OWCP decision (ECAB 25-0758)
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ECAB final decision. The Board dismissed the appeal for lack of jurisdiction because the record contained no final adverse OWCP decision it could review. The order says Board decisions and orders become final 30 days after issuance under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless the 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 she described as a July 23, 2025 OWCP decision. The case record sent to the Board contained no final adverse OWCP decision issued within its review period. The Board therefore dismissed the appeal without deciding any compensation issue.
Decision snapshot
- Authority: 20 C.F.R. § 501.3(e), governing the period for appealing an OWCP decision.
- Outcome: Appeal dismissed for lack of jurisdiction; compensation merits not reached.
- Key point: The Board needed a final adverse OWCP decision in the record to hear the appeal.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
M.S., Appellant
)
)
and ) Docket No. 25-0758
) Issued: March 6, 2026
U.S. POSTAL SERVICE, POST OFFICE,
)
Coppell, TX, 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 August 4, 2025 appellant filed an appeal from a purported July 23, 2025 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0758.
The Board, having duly considered this 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 her 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 over which the Board may properly exercise jurisdiction.3 Because there is no final adverse
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.” 3
20 C.F.R. § 501.3. decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25-0758 must be dismissed.4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0758 is dismissed.
Issued: March 6, 2026
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
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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