Other Fields
Agency Scheme: 
LABRDFEC0007
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Employees' Compensation Appeals Board (ECAB)
Appeal Office (global name): 
Department of Labor: Employees' Compensation Appeals Board (ECAB)
Sub-Agency/Bureau/Division:: 
Employee Benefits Security Administration
Appeal Officer #1 (Title): 
ECAB Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
The Employees' Compensation Appeals Board (ECAB) issues final agency decisions for the Secretary of Labor in cases arising under the Federal Employees' Compensation Act. A federal worker may appeal the decision of the Director of the Office of Workers' Compensation Programs (OWCP)for compensation for employment-related injuries and occupational diseases. A claimant has the choice of requesting reconsideration or review of a staff decision by OWCP. The review may be a hearing conducted by a Hearing Representative in OWCP's Branch of Hearings and Review, or the claimant may appeal to the Employees' Compensation Appeals Board (ECAB). Under 20 CFR § 10.600, in certain circumstances the claimant may not have a choice. The final action of the Secretary or his designee is not reviewable by any court.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
20 CFR Part 501
Other published guidance for appeal hearings (if any): 
http://www.msha.gov/READROOM/HANDBOOK/PH08-I-2.pdf
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
By Private Party
If "Depends on Nature of Case/Claim", please describe: 
Oral argument may be held in the discretion of the Board, on its own determination or on application by the appellant or the OWCP Director. (20 CFR § 501.5)
How many appeal officers preside at each hearing?: 
Three
If "Varies by Case," please describe: 
The ECAB has three members. (20 CFR § 501.2(b)) A panel of not less than two judges may issue a decision. (20 CFR § 501.6(b))
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
If "Varies by Case," please describe: 
Within the discretion of the Board, oral argument shall be open to the public (20 CFR § 802.308(c)). A transcript of any oral argument is included in the record on appeal (20 CFR § 802.403(b)).
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
If "Other/Varies by Case," please specify: 
The ECAB or a panel of not less than two Board members. (20 CFR § 501.6(b))
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
If "Yes," please specify these time limit(s): 
Decisions of the Board are final after 30 days from the date of issuance unless the Board has fixed a different period of time. (20 CFR § 501.6(d))
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
No
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
20 CFR § 802.410
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
Please briefly describe your case management practice(s) at this office: 
See 20 CFR § 501.8(b). Cases are heard in the order received, but the Board retains discretion to change the order.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
See 20 CFR § 501.8(c). See also: http://www.dol.gov/ecab/decisions.htm
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
The Board's review of a case is limited to the evidence in the case record that was before OWCP at the time of OWCP's final decision. (20 CFR § 501.2(c)(1))
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
If "Yes," please provide citation(s): 
30 CFR § 44.31
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
ADJUDICATORS
Total # of Appeal Officers: 
3
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified