H.C. and U.S. Postal Service, Main Post Office, Carmel, CA (Board decision, May 27, 2021)

ECAB final decision. The Board dismissed the appeal as untimely. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final 30 days after issuance. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

H.C. appealed OWCP's September 19, 2019 decision on March 24, 2020. The Board calculated that the 180-day appeal deadline was March 17, 2020. The envelope's March 18 postmark was also after the deadline. Because H.C. supplied no supported explanation establishing compelling circumstances for a late filing, the Board dismissed the appeal for lack of jurisdiction. It did not decide the underlying compensation issue.

Decision snapshot

• Authority: Board appeal filing period under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: Both the appeal date and envelope postmark fell after the 180-day deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.C., Appellant
)
)
and ) Docket No. 20-0925
) Issued: May 27, 2021
U.S. POSTAL SERVICE, MAIN POST OFFICE,
)
Carmel, CA, 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
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 24, 2020 appellant filed an appeal from a September 19, 2019 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-0925.

The Board, having duly considered this matter, 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 September 19, 2019 decision was Tuesday, March 17, 2020.
As appellant did not file an appeal with the Board until Tuesday, March 24, 2020,3 more than 180 days after the September 19, 2019 OWCP decision, the Board finds that the appeal docketed as

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
Id. at § 501.3(e).
3
The Board notes that the postmark on the envelope for appellant’s appeal was Wednesday, March 18, 2020. As this was also more than 180 days after the September 19, 2019 OWCP decision, using the date of the postmark would not render appellant’s appeal timely filed. See 20 C.F.R. 501.3(f)(1). No. 20-0925 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to explain the failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances.4

The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.”5

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-0925 is dismissed.

Issued: May 27, 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
5 U.S.C. § 501.6(d).
5
Id. at § 501.6(d).

2