United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

L.F., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Conroe, TX, Employer

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Docket No. 21-0210

Issued: April 27, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., 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 December 7, 2020 appellant, through counsel, sought an appeal from a July 22, 2020 

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

Boards assigned Docket No. 21-0210.

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.2 

This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date 

appellant filed his appeal.3 The case record as transmitted to the Board does not contain 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.”
2

adverse decision of OWCP issued within 180 days from the date of docketing of the current 

appeal.4 By decision dated July 22, 2020, OWCP’s hearing representative vacated the January 15, 

2002 decision of OWCP and remanded the case for further development followed by a de novo

decision. As such this case is in interlocutory posture.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 assigned Docket No. 21-0210 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal assigned Docket No. 21-0210 is 

dismissed.

Issued: April 27, 2022

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

Id.

5

See 20 C.F.R. § 501.2(c)(2), which provides: “There will be no appeal with respect to any interlocutory matter 

decided (or not decided) by OWCP during the pendency of a case.”; see also T.D., Docket No. 19-1506 n.4 (issued 

November 4, 2020); K.K., Docket No. 19-0652 (issued September 19, 2019).