United States Department of Labor

Employees’ Compensation Appeals Board

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T.E., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

JOHN J. PERSHING VA MEDICAL CENTER, 

Poplar Bluff, MO, Employer

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Docket No. 23-1062

Issued: December 21, 2023

Appearances: Case Submitted on the Record

Scotty White, for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On August 7, 2023 appellant sought an appeal from a purported May 23, 2023 final adverse 

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

Boards assigned the appeal Docket No. 23-1062.

By decision dated May 23, 2023, OWCP accepted the claim for chronic sinusitis and 

allergic rhinitis.

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 On appeal, appellant, through her representative, argued that she is entitled to wage-loss compensation causally 

related to the accepted October 1, 2018 injuries. The record reflects that, on May 31, 2023, she filed a claim for 

compensation (Form CA-7) for leave buy back for the period October 1, 2018 through May 26, 2023. The Board 

notes that OWCP has not yet adjudicated appellant’s entitlement towage-loss compensation during the claimed period. 
2

The Board, having duly considered the matter, notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’Compensation Act.3 

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

appellant filed the appeal.4 

Although the May 23, 2023 decision is within 180 days of appellant’s August 7, 2023 

appeal, it is not adverse to appellant, and, therefore, it is not subject to appeal. 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 docketed as No. 23-1062, must be dismissed.6 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-1062 is dismissed.

Issued: December 21, 2023

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3

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

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

Id. at § 501.3(a).

6 The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance. Id. at 

§ 501.6(d).