United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.H., Appellant

and

U.S. POSTAL SERVICE, SHAKER HEIGHTS 

POST OFFICE, Cleveland, OH, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-1141

Issued: March 10, 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 July 20, 2021 appellant, through counsel, sought an appeal from a purported July 20, 

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

Appellate Boards assigned Docket No. 21-1141.

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

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 Counsel did not appeal from OWCP’s June7, 2021 merit decision, which affirmed OWCP’s November 30, 2020 

forfeiture decision. He identified only the purported July 20, 2021 decision on the application for review (AB-1

Form). Therefore, the Board will not consider the June 7, 2021OWCP decision in this appeal. See 20 C.F.R. § 501.3; 

see also D.E., Docket No. 21-0531 (issued June16, 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 her appeal.4 While there is correspondence dated July 20, 2021, that letter 

is purely informational in nature and does not constitute a final adverse decision of OWCP from 

which she may properly appeal.

5

 As there is no final adverse decision issued by OWCP that 

counsel has appealed from over which the Board may properly exercise jurisdiction, the Board 

lacks jurisdiction over the appeal. Accordingly, 

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1141 is dismissed.6

Issued: March 10, 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

See Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, 

S.U., Docket No. 20-0636 (issued December 3, 2020). 

6 The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance. 20 

C.F.R. § 501.6(d).