B.C., Executrix of the Estate of B.W., and U.S. Postal Service, Cincinnati Main Post Office (Board decision, August 4, 2026)

Estate's appeal dismissed for lack of an adverse decision (ECAB 26-0636)

Decision type
Board decision
Docket
26-0636
Decided
August 4, 2026
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-10-06

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This is citable Board precedent from 2026, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official ECAB release. The full text is the agency's own release.
Read the official release (dol.gov)

ECAB final decision dismissing appeal. The Board dismissed the appeal because there was no final adverse OWCP decision for it to review. 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

The executrix of a postal worker's estate sought Board review of May 2026 OWCP correspondence. The Board found that the correspondence was informational and did not decide the claim adversely. It dismissed the appeal without reaching the merits because it had no final adverse decision to review.

Decision snapshot

  • Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
  • Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
  • Key point: Informational correspondence did not create Board jurisdiction.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.C., Executrix of the Estate of B.W., Appellant ) )
and ) Docket No. 26-0636
) Issued: August 4, 2026
U.S. POSTAL SERVICE, MAIN POST OFFICE,
)
Cincinnati, OH, Employer
)
__________ )

Appearances: Case Submitted on the Record
Porter R. Welch, for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge

On June 28, 2026 appellant, though counsel, sought appeal from a purported May 26, 2026 final adverse decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0636.

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.2 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed this appeal.3 Although correspondence dated May 26, 2026 is contained in the record, it is purely informational in nature and, thus, does not constitute a final

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R.
§ 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.” adverse OWCP decision from which appellant may properly appeal. 4 Because there is no final adverse OWCP decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 26-0636 must be dismissed.

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0636 is dismissed.5

Issued: August 4, 2026
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

4
See 20 C.F.R. §§ 501.2(c) and 501.3(a); Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); 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) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). 5 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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