M.W. and U.S. Postal Service, Manasota Post Office (Board decision, April 10, 2026)
Board dismisses appeal from nonadverse code update (ECAB 26-0319)
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ECAB final decision dismissing appeal. The Board dismissed the appeal because OWCP's code update was not a final adverse decision; 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 May 16, 2024 OWCP action. The Board found that OWCP had only updated diagnostic codes for already accepted conditions and had made no adverse benefits determination. It dismissed for lack of a final adverse decision within its jurisdiction.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: The appeal was dismissed for lack of an appealable OWCP decision.
- Key point: An administrative diagnostic-code update did not create Board jurisdiction.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
M.W., Appellant
)
)
and ) Docket No. 26-0319
) Issued: April 10, 2026
U.S. POSTAL SERVICE, POST OFFICE,
)
Manasota, FL, 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 February 13, 2026, appellant sought appeal from a purported final adverse May 16, 2024 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0319.
The Board, having duly considered this matter, notes that its jurisdiction is limited to the review of final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed this appeal.2 The May 16, 2024 decision is not a final adverse decision as OWCP merely updated its International Classification of Diseases (ICD) codes for appellant’s accepted conditions. Therefore, it is not adverse to appellant and is not subject to appeal.3
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), which 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
20 C.F.R. § 501.3.
Because 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. 26-0319 must be dismissed.4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0319 is dismissed.
Issued: April 10, 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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