R.T. and U.S. Postal Service, Kensington Post Office, Kensington, MD (Board decision, April 9, 2021)

ECAB final decision. The Board dismissed R.T.'s appeal as untimely and did not review the underlying OWCP decision. 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

R.T. appealed a May 9, 2019 OWCP merit decision to the Board on November 26, 2019. The deadline for that appeal was November 5, 180 days after OWCP issued its decision. The Board found that the filing came too late and that the record did not establish compelling circumstances for the delay. It dismissed the appeal for lack of jurisdiction without reviewing the underlying compensation decision.

Decision snapshot

• Authority: Board appeal filing limit, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; underlying OWCP decision not reviewed.
• Key point: The appeal arrived 21 days after the 180 day deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.T., Appellant
)
)
and ) Docket No. 20-0323
) Issued: April 9, 2021
U.S. POSTAL SERVICE, KENSINGTON POST
)
OFFICE, Kensington, MD, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On November 26, 2019 appellant sought an appeal from a May 9, 2019 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-0323.

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 (FECA).1 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.2

The 180th day following the May 9, 2019 decision was November 5, 2019. As appellant did not file an appeal with the Board until November 26, 2019, more than 180 days after the May 9, 2019 decision, the Board finds that the appeal docketed as No. 20-0323 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 with supporting documentation sufficient to establish

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) (2009). compelling circumstances. Because there is no adverse, final decision issued by OWCP within 180 days of the November 26, 2019 filing of the instant appeal, the Board concludes that the appeal docketed as No. 20-0323 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-0323 is dismissed.

Issued: April 9, 2021
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

3
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