J.B. and U.S. Postal Service, Fort Point Post Office (Board decision, September 17, 2025)

ECAB final decision. The Board dismissed this appeal because OWCP's July 10, 2025 hearing denial was null and void while the underlying issue was already on appeal. 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 claimant had already appealed an OWCP merit decision to the Board. OWCP then denied a hearing request involving the same issue while that appeal was pending. The Board held that OWCP could not exercise jurisdiction at the same time and treated the later hearing denial as void. It dismissed the appeal from that void decision.

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; OWCP's hearing denial held null and void.
• Key point: OWCP could not decide the same issue while the Board had the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.B., Appellant
)
)
Docket No. 25-0819
and ) Issued: September 17, 2025
)
U.S. POSTAL SERVICE, FORT POINT POST )
OFFICE, Boston, MA, 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

JURISDICTION

On August 17, 2025 appellant filed a timely appeal from a July 10, 2025 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0819.

The Board, having duly considered this matter, notes that the Board and OWCP may not simultaneously exercise jurisdiction over the same issue in a case on appeal. 1 By the July 10, 2025 decision, OWCP denied appellant’s request for an oral hearing from a March 17, 2025 merit decision as untimely filed. However, on June 25, 2025, appellant had filed an appeal with the Board from the March 17, 2025 OWCP merit decision, regarding the same underlying merit issue as the July 10, 2025 hearing denial. The Clerk of the Appellate Boards docketed that appeal as No. 25-0753. As the underlying merit issue was pending before the Board in Docket No. 25-0753

1
20 C.F.R. §§ 501.2(c)(3), 10.626; Arlonia B. Taylor, 44 ECAB 591 (1993) (Groom, Alternate Member, concurring in part, dissenting in part); Douglas E. Billings, 41 ECAB 880 (1990). See also Order Dismissing Appeal, M.B., Docket No. 23-0750 (issued July 20, 2023); Order Dismissing Appeal, A.J., Docket No. 22-1336 (issued May 15, 2023); Order Dismissing Appeal, M.H., Docket No. 22-0880 (issued November 4, 2022). when OWCP issued its July 10, 2025 hearing denial, OWCP’s July 10, 2025 decision is null and void.2

As OWCP’s July 10, 2025 decision is null and void, there is no final adverse decision issued by OWCP in Docket No. 25-0819 over which the Board may properly exercise jurisdiction. The Board, therefore, concludes that the appeal docketed as No. 25-0819 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0819 is dismissed.

Issued: September 17, 2025
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

2
Id.; see also G.W., Docket No. 19-0260 (issued July 10, 2020); Cathy B. Millin, 51 ECAB 331 (2000).

2