Q.J. and U.S. Postal Service, Main Post Office, Oakland, CA (Board decision, July 30, 2021)

ECAB final decision. The Board dismissed Q.J.'s appeal because it lacked jurisdiction over the late challenge to OWCP's earlier decision. The compensation merits were not reviewed. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

Q.J. sought Board review on November 25, 2019 of a purported November 12, 2019 OWCP decision, but that decision was absent from the record. The last final adverse OWCP decision in the record was dated March 26, 2019, more than 180 days before the appeal. She provided no documented compelling circumstances excusing the late filing, and there was no newer adverse final OWCP decision within the review period. The Board dismissed the appeal for lack of jurisdiction without deciding the compensation claim.

Decision snapshot

• Authority: ECAB appeal filing and jurisdiction rules.
• Outcome: Appeal docket 20-0299 dismissed.
• Key point: The Board could not review an OWCP decision appealed outside its filing window without a qualifying exception.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
Q.J., Appellant
)
)
and ) Docket No. 20-0299
) Issued: July 30, 2021
U.S. POSTAL SERVICE, MAIN POST OFFICE,
)
Oakland, CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Marta R. Vanegas, 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 25, 2019 appellant, through counsel, sought an appeal from a purported November 12, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-0299.

The Board has duly considered the matter and notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.2 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision.3

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) (2009).
 There is no final adverse decision of OWCP dated November 12, 2019 contained in the case record as transmitted to the Board. The last final adverse decision of record was a March 26, 2019 final overpayment decision finding an overpayment in the amount of $33,591.34, for which appellant was without fault. The 180th day following the March 26, 2019 decision was September 22, 2019. As appellant did not file an appeal with the Board until November 25, 2019, more than 180 days after the March 26, 2019 OWCP decision, the Board finds that the appeal docketed as No. 20-0299 is untimely filed. The Board is without jurisdiction to review the appeal.

Appellant has not offered a reason to explain her failure to timely file an appeal from the March 26, 2019 decision with supporting documentation sufficient to establish compelling circumstances. Because there is no adverse final decision issued by OWCP within 180 days of the November 25, 2019 filing of the instant appeal, the Board concludes that the appeal docketed as No. 20-0299 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-0299 is dismissed.

Issued: July 30, 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
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).

2