United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.W., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Douglas, GA, Employer 

__________________________________________ 

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Docket No. 14-1947 

Issued: February 11, 2016 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

JAMES A. HAYNES, Alternate Judge 

On January 7, 2015 the Board issued a decision in the above-entitled matter, which set 

aside the August 28, 2014 nonmerit decision of the Office of Workers’ Compensation Programs 

(OWCP). The Board remanded the case for further consideration of appellant’s claim for an 

additional schedule award. Appellant, however, did not timely receive a copy of the January 7, 

2015 decision because the Clerk of the Board inadvertently mailed the decision to an incorrect 

address. 

Pursuant to 20 C.F.R. § 501.6(f), the Board “will send its decisions and orders to the 

[a]ppellant ... at the time of issuance.” In Bertha Keeble, the Board noted that a decision is 

issued when it is filed and mailed, and it is presumed that this was accomplished on the issue 

date appearing on the decision.1

 In Keeble, the decision was mailed to an incorrect address, and 

therefore, the Board found that it had not properly issued the decision. Consequently, the Board 

ordered that the decision be correctly issued. In the current case, the Board mailed its January 7, 

2015 decision to an incorrect address, and thus, the decision was not issued in accordance with 

20 C.F.R. § 501.6(f). As such, the decision in the above-entitled case shall be reissued effective 

this date. 

 1

 45 ECAB 355, 356 (1994) (citing Ralph W. Moody, 44 ECAB 375 (1993)). 
2

While a case is on appeal to the Board, OWCP has no jurisdiction over the claim with 

respect to issues which directly relate to the issue or issues on appeal.2 Although appellant did 

not timely receive a copy of the Board’s January 7, 2015 decision, OWCP was aware of the 

decision, and has since issued three decisions regarding appellant’s entitlement to an additional 

schedule award. Because appellant was not properly served, the Board effectively did not 

relinquish jurisdiction over the schedule award claim. Consequently, OWCP’s decisions dated 

March 17, 18, and May 15, 2015 are set aside as null and void. 

The Board’s decisions and orders are “final upon the expiration of 30 days from the date 

of issuance....”3

IT IS HEREBY ORDERED THAT the Board’s January 7, 2015 decision is reissued.4

Issued: February 11, 2016 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 2

 20 C.F.R. § 10.626 (2014); see, e.g., Lawrence Sherman, 55 ECAB 359, 360 n.4 (2004). 

3 Id. at § 501.6(d). 

4

 James A. Haynes, Alternate Judge, participated in the original decision but was no longer a member of the 

Board effective November 16, 2015 and did not participate in the preparation of this order.