United States Department of Labor

Employees’ Compensation Appeals Board

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J.H., Appellant

and

U.S. POSTAL SERVICE, SPRINGFIELD POST 

OFFICE, Springfield, OH, Employer

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Docket No. 21-1193

Issued: March 15, 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, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 2, 2021 appellant, through counsel, sought an appeal from a purported July 27, 

2021 decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk of the 

Appellate Boards assigned Docket No. 21-1193.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act

(FECA).

3

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

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 The case record also contains March24 and June 30, 2021 decisions of OWCP. As counsel did not appealfrom 

those decisions, the Board will not consider themin this appeal. See 20 C.F.R. § 501.3; see also D.E., Docket No. 21-

0531 (issued June 16, 2021). 

3

5 U.S.C. § 8101 et seq; 20 C.F.R. §§501.2(c) and 501.3(a).
2

the date appellant filed his appeal.4 The Board notes that the case record does not contain a final 

adverse decision of OWCP dated July 27, 2021.5 

As there is no final adverse decision of OWCP, appealed by counsel within 180 days of 

the filing of this appeal, the Board concludes that the appeal docketed as No. 21-1193 must be 

dismissed.6 

Accordingly, 

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1193 is dismissed.

Issued: March 15, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

4

Id. at § 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 OWCP.”

5 By order dated July 27, 2021, the Board dismissed, at counsel’s request, a timely appeal from the March 24, 2021

merit decision. Order Dismissing Appeal, Docket No. 21-0762 (issued July 27, 2021). That order became final upon 

the expiration of 30 days from the date of its issuance and is not subject to further review. 20 C.F.R. § 501.6(d).

6

Id.