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Printing - FECA-PT2 - National Association of Letter Carriers

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Cases should be transmitted for appeal only when requested by the <strong>National</strong> Office. Cases should not be<br />

transmitted based on a request for appeal sent directly to a district <strong>of</strong>fice. In this situation, the Board will<br />

not have docketed the case for appeal and will not accept it for review.<br />

Once an appeal is docketed, the district <strong>of</strong>fice no longer has jurisdiction over the issue appealed. This is<br />

so even though the case remains in the custody <strong>of</strong> the district <strong>of</strong>fice for a period <strong>of</strong> time between<br />

docketing and transfer to the <strong>National</strong> Office. However, in accordance with Douglas E. Billings, 41 ECAB<br />

880, the district <strong>of</strong>fice may issue decisions on matters which do not relate to or affect the issue on appeal.<br />

2-1603-5 Processing <strong>of</strong> Cases on Appeal<br />

5. Processing <strong>of</strong> Cases on Appeal.<br />

a. Preliminary Review. Case contents are placed in a temporary jacket with a copy <strong>of</strong> the<br />

summary sheet. The pages are numbered in the Servicing Unit, after which the case is reviewed<br />

by an attorney from the Office <strong>of</strong> the Solicitor (SOL) and a designated person from the Branch <strong>of</strong><br />

Regulations and Procedures. Following review, the case may be either submitted to the Board "on<br />

the record" or with a pleading prepared by SOL on behalf <strong>of</strong> the Director. The pleadings take<br />

various forms such as a Memorandum in Justification, a Motion to Remand, or a Motion to Dismiss.<br />

Cases submitted on the record are forwarded to ECAB by the Servicing Unit. SOL forwards the<br />

cases with pleadings and represents the Director in oral argument before the Board.<br />

b. Case Maintenance. The case jacket and summary are kept in the Branch <strong>of</strong> Hearings and<br />

Review until the Board returns the case contents. Designated members <strong>of</strong> the Branch reply to<br />

correspondence and telephone inquiries received in cases before the Board, and authorize medical<br />

care, bill payments and daily roll compensation payments if appropriate.<br />

c. Request for Inspection or Copy <strong>of</strong> Case Record. An appellant or authorized representative<br />

who wishes to inspect or receive a copy <strong>of</strong> the case before the Board must send a request to the<br />

Board. The Board will return the case record temporarily to the Office with an order to either make<br />

it available for inspection or provide a copy <strong>of</strong> it to the person whose name and address appear on<br />

the order. This action must be taken and the case returned to the Board within 60 days from the<br />

date <strong>of</strong> the order.<br />

d. Return <strong>of</strong> Case Record from ECAB. After the Board issues its decision, the case is returned<br />

to the Servicing Unit for review by the Branch <strong>of</strong> Regulations and Procedures before it is<br />

transferred to the district <strong>of</strong>fice. If further action by the district <strong>of</strong>fice is required, instructions are<br />

provided in a memorandum attached to the case. If further benefits will be payable, Form<br />

CA-1009 will be released to the claimant to advise him or her how to claim compensation and<br />

submit medical bills.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 692

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