United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

K.F., Appellant

and

U.S. POSTAL SERVICE, NORTH METRO 

POST OFFICE, Duluth, GA, Employer

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Docket No. 22-1134

Issued: January 10, 2023

Appearances: Case Submitted on the Record

Wayne Johnson, 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 July 25, 2022 appellant, through counsel, sought an appeal from a June 27, 2022

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

Appellate Boards assigned Docket No. 22-1134.

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 her appeal.3 The case record as transmitted to the Board does not contain a 

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

1

In all cases in which a representative has been authorized in a matter before the Board, no cla im f or a f ee f or 

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

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 the OWCP.”
2

appeal.4 By decision dated June 27, 2022, OWCP’s hearing representative vacated the 

March 17, 2022 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 f inal adverse 

decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board 

concludes that the appeal assigned Docket No. 22-1134 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal assigned Docket No. 22-1134 is 

dismissed. 

Issued: January 10, 2023

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 m atter 

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).