United States Department of Labor

Employees’ Compensation Appeals Board

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M.B., Appellant

and

DEPARTMENT OF JUSTICE, DRUG 

ENFORCEMENT AGENCY, Los Angeles, CA, 

Employer

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Docket No. 21-0127

Issued: November 12, 2021

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 November 6, 2020 appellant, through counsel, filed an appeal from a September 3, 

2020 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards assigned Docket No. 21-0127.

The Board, having duly considered the matter, notes that it 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 adverse 

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

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).
2

Following a preliminary review, by decision dated September 3, 2020, OWCP’s hearing 

representative vacated the July 22, 2020 decision of OWCP and remanded the case for additional 

actions and further development of the medical evidence by OWCP. As such this case is in an 

interlocutory posture.

4

 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.

21-0127 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0127 is dismissed.

Issued: November 12, 2021

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

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).