20 C.F.R. § 501.2

Scope and applicability of rules; composition and jurisdiction of the Board

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(a) The regulations in this part establish the Rules of Practice and Procedure governing the operation of the Employees' Compensation Appeals Board.

(b) The Board consists of three permanent judges, one of whom is designated as Chief Judge and Chairman of the Board, and such alternate judges as are appointed by the Secretary of Labor. The Chief Judge is the administrative officer of the Board. The functions of the Board are quasi-judicial. For organizational purposes, the Board is placed in the Office of the Secretary of Labor and sits in Washington, DC.

(c) The Board has jurisdiction to consider and decide appeals from final decisions of OWCP in any case arising under the FECA. The Board may review all relevant questions of law, fact and exercises of discretion (or failure to exercise discretion) in such cases.

(1) The Board's review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.

(2) There will be no appeal with respect to any interlocutory matter decided (or not decided) by OWCP during the pendency of a case.

(3) The Board and OWCP may not exercise simultaneous jurisdiction over the same issue in a case on appeal. Following the docketing of an appeal before the Board, OWCP does not retain jurisdiction to render a further decision regarding the issue on appeal until after the Board relinquishes jurisdiction.

Notes of Decisions

Cited in 4 cases, 2004–2019 · leading case: Hall v. Dep't of Labor, 289 F. Supp. 3d 93 (D.C. Cir. 2018).

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Hall v. Dep't of Labor, 289 F. Supp. 3d 93 (D.C. Cir. 2018). · cites it 2× “" 20 C.F.R. § 501.2 (c). Review by ECAB is subject to certain limitations, including that (1) ECAB's "review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision," id.”

Borkins v. U.S. Postal Serv. Employees, 97 F. App'x 32 (6th Cir. 2004). “” 20 C.F.R. § 501.2 (c). The decisions of the ECAB clearly demonstrate its ability and willingness to reverse and remand OWCP decisions when it finds them to have been unfairly reached.”

Hall v. Dep't of Labor (D.D.C. 2018). “” 20 C.F.R. § 501.2 (c). Review by ECAB is subject to certain limitations, including that (1) ECAB’s “review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision,” id.”

Robinson v. U.S. Air Force (W.D. Tex. 2019). “20 C.F.R. § 501.2 (c). It appears that Plaintiff employed this process in challenging the reduction of his benefits.”

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