R.R. and U.S. Postal Service, Capital View Station (Board decision, April 15, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal because OWCP had issued no final adverse decision for review; it did not decide benefits. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed a notice proposing to terminate benefits. The Board found that a proposed termination was a preliminary step, not a final adverse OWCP decision within its jurisdiction. It dismissed the appeal without reaching the benefits issue.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: The appeal was dismissed for lack of a final OWCP decision.
• Key point: A proposed termination notice could not be appealed to the Board as a final decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.R., Appellant
)
)
and ) Docket No. 26-0196
) Issued: April 15, 2026
U.S. POSTAL SERVICE, CAPITAL VIEW
)
STATION, Jefferson City, MO, 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 December 29, 2025 appellant filed a timely appeal from a December 4, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0196.

The Board, having duly considered this matter, 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 While there is a notice of proposed termination of benefits dated December 4, 2025, that notice is preliminary and does not constitute a final adverse decision of OWCP from which he may properly appeal.3

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
Id. at § 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 OWCP.”
3
See Order Dismissing Appeal, T.H., Docket No. 21-1141 (issued March 10, 2022); 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).
Section 501.2(c)(2) of the Board’s Rules of Procedure provides: “There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.”4 Consequently, 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.5 As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 26-0196 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0196 is dismissed.6

Issued: April 15, 2026
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
20 C.F.R. § 501.2(c)(2).
5
20 C.F.R. § 501.3.
6
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