United States Department of Labor

Employees’ Compensation Appeals Board

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V.H., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Bell Gardens, CA, Employer

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Docket No. 22-0193

Issued: June 21, 2022

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

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. MCGINLEY, Alternate Judge

On November 17, 2021 appellant filed a timely appeal from a June 22, 2021 nonmerit

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate

Boards docketed the appeal as No. 22-0193. 

OWCP accepted that appellant, then a 40-year-old letter carrier, fractured her right foot on 

November 1, 2006 when she slipped and twisted her foot while in the performance of duty. It 

accepted the claim for right metacarpal bone fracture and right plantar fibromatosis and paid her

wage-loss compensation on the supplemental rolls as of December 18, 2006 and on the periodic 

rolls as of June 7, 2009. 

On July 26, 2019 OWCP terminated appellant’s wage-loss and medical benefits, based

upon the second opinion of Dr. MichaelJ. Einbund, a Board-certified orthopedic surgeon. 

Following the termination of her compensation benefits she requested reconsideration on 

August 9, 2019, April 22 and November 6, 2020. OWCP denied modification of its July 26, 2019 

decision on November 6, 2019 and denied appellant’s requests for reconsideration on May 7 and 

November 23, 2020.

On May 24, 2021 appellantfileda timely appeal to the Board fromthe November 23, 2020

nonmerit decision of OWCP. The Clerk of the Appellate Boards docketed the appeal as No.

21-0910.
2

During the pendency of the appeal in Docket No. 21-0910, on June 13, 2021 appellant 

again requested reconsideration of the termination of her compensation benefits. On June 22, 2021 

OWCP issued a nonmerit decision, denying reconsideration.

The Board finds that this appeal must be dismissed as the June 22, 2021 decision from 

which appellant appealed is null and void. 

The Board’s Rules of Procedure, at section 501.2(c)(3), provides:

“The Board and OWCP may not exercise simultaneous jurisdiction over the same issue in 

a case on appeal. Following the docketing of an appeal before the Board, OWCP does not 

retain jurisdiction to render a further decision regarding the issue on appeal until after the 

Board relinquishes jurisdiction.”

1

Similarly, section 10.626 of OWCP’s regulations provides in pertinent part:

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

with respect to issues which directly relate to the issue or issues on appeal. [It] continues 

to administer the claim and retains jurisdiction over issues unrelated to the issue or issues 

on appeal and issues which arise after the appeal as a result of ongoing administration of 

the case.”

2

The Board, having duly considered the matter, notes that on June 22, 2021 OWCP denied 

appellant’s June 13, 2021 request for reconsideration regarding the termination of her 

compensation benefits. However, once appellant filed the Board appeal on May 24, 2021 of 

OWCP’s November 23, 2020 decision denying her request for reconsideration of the termination 

of her compensation benefits, OWCP had no jurisdiction to issue its June 22, 2021 decision.3 

Consequently, the June 22, 2021 decision is null and void.4

Pursuant to 5 U.S.C. § 8149 and 20 C.F.R. §§ 501.2(c) and 501.3(a), the Board’s 

jurisdiction is limited to the review of final adverse decisions of OWCP issued under the Federal 

Employees’ Compensation Act. As the June 22, 2021 OWCP decision is null and void, the appeal 

assigned Docket No. 22-0193 does not contain a final adverse decision over which the Board may 

properly take jurisdiction. Therefore, the Board finds that the appeal docketed as No. 22-0193 is 

dismissed. Accordingly,

1

20 C.F.R. §§ 501.2(c)(3). See also Order Dismissing Appeal, T.T., Docket No. 20-0864 (issued December 17, 

2020); M.S., Docket Nos. 19-1090 & 20-0408 (issued April20, 2020); J.W., Docket No. 19-1688 (issued March18, 

2020); George Simpson, Docket No. 93-0452 (issued February 18, 1994); Douglas E. Billings, 41 ECAB 880 (1990).

2

20 C.F.R. § 10.626.

3 Douglas E.Billings, supra note 1. See also D.F.,Docket No. 19-1257 (issued July 14, 2020).

4 The Board had held that decisions that change the status of a decision on appeal are null and void. Id. See also 

G.W., Docket No. 19-0260 (issued July 10, 2020);CathyB. Millin, 51 ECAB 331 (2000).
3

IT IS HEREBY ORDERED THAT Docket No. 22-0193is dismissed.

Issued: June 21, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board