E.J. and U.S. Postal Service, Post Office, Duluth, GA (Board decision, February 8, 2021)

ECAB final decision. The Board dismissed E.J.’s appeal as untimely and did not review the underlying OWCP decision. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

E.J. appealed an OWCP decision issued December 31, 2019. Because the 180th day fell on a Sunday, the deadline extended to Monday, June 29, 2020. She filed on June 30 and did not document compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction without reaching the merits.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e), (f)(2).
• Outcome: Appeal from December 31, 2019 OWCP decision dismissed as untimely.
• Key point: Filing on June 30 was one day after the adjusted 180-day deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.J., Appellant
)
)
and ) Docket No. 20-1350
) Issued: February 8, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Duluth, GA, 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
PATRICIA H. FITZGERALD, Alternate Judge

On June 30, 2020 appellant filed an appeal from a December 31, 2019 decision1 of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1350.

The Board, having duly considered this matter, concludes that the appeal docketed as No.
20-1350 must be dismissed. The Board’s jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act (FECA).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 The 180th day following the December 31, 2019 decision was June 28, 2020. As this

1
The Board notes that appellant indicated on her application for review (AB-1 Form) that she was appealing a purported January 7, 2020 OWCP decision. However, the record as transmitted to the Board does not contain a final adverse decision issued by OWCP on that date. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
Id. at § 501.3(e) (2009). fell on a Sunday, appellant had until Monday, June 29, 2020 to file a timely appeal.4 She did not file an appeal with the Board until Tuesday, June 30, 2020, more than 180 days after the December 31, 2019 OWCP decision. Therefore, the Board finds that the appeal docketed as No. 20-1350 is untimely filed. The Board is therefore 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 compelling circumstances. Because there is no final, adverse decision issued by OWCP within 180 days of the June 30, 2020 filing of the instant appeal, the Board concludes that the appeal docketed as No. 20-1350 must be dismissed.5 Accordingly.

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-1350 is dismissed.

Issued: February 8, 2021
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge
Employees’ Compensation Appeals Board

4
20 C.F.R. § 501.3(f)(2).
5
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Supra note 3 at § 501.6(d).

2