J.W. and U.S. Postal Service, Dallas Network Distribution Center, Dallas, TX (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

J.W. appealed OWCP's December 23, 2019 decision on July 2, 2020. The Board calculated that the 180-day appeal period ended June 20, 2020. J.W. supplied no supported explanation establishing compelling circumstances for the late filing. The Board dismissed the appeal for lack of jurisdiction without deciding the compensation claim.

Decision snapshot

• Authority: Board appeal filing period under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal was filed after the 180-day deadline, with no documented compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
and ) Docket No. 20-1372
) Issued: May 27, 2021
U.S. POSTAL SERVICE, DALLAS NETWORK
)
DISTRIBUTION CENTER, Dallas, TX,
)
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 July 2, 2020 appellant filed an appeal from a December 23, 2019 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1372.

The Board has duly considered this matter and notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.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 December 23, 2019 decision was June 20, 2020. As appellant did not file an appeal with the Board until July 2, 2020, more than 180 days after the December 23, 2019 OWCP decision, the Board finds that the appeal docketed as No. 20-1372 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to

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). explain the failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances.

The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.”3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-1372 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

3
Id. at § 501.6(d).

2