D.E. and U.S. Postal Service, Post Office, Palmdale, CA (Board decision, April 20, 2021)

ECAB final decision. The Board dismissed the appeal as untimely without reviewing OWCP's March 27, 2020 decision. The order becomes final 30 days after issuance under 20 C.F.R. § 501.6(d). 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

D.E. appealed a March 27, 2020 OWCP decision on October 2, 2020. The Board calculated the 180-day appeal deadline as September 23, 2020. It found the appeal late and found no documented compelling circumstances explaining the delay. The Board dismissed the appeal for lack of jurisdiction and did not review OWCP's decision on its merits.

Decision snapshot

• Authority: The 180-day appeal deadline in 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The October 2 appeal was filed after the September 23, 2020 deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.E., Appellant
)
)
and ) Docket No. 21-0043
) Issued: April 20, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Palmdale, 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
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge

On October 2, 2020 appellant filed an appeal from a March 27, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0043.

The Board, having duly considered this matter, concludes that the appeal docketed as No.
21-0043 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).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 March 27, 2020 decision was Wednesday, September 23, 2020. As appellant did not file an appeal with the Board until October 2, 2020, more than 180 days after the March 27, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0043 is untimely filed. The Board is without jurisdiction to review the appeal.

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).
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 adverse, final decision issued by OWCP within 180 days of the October 2, 2020 filing of the instant appeal, the Board concludes that the appeal, docketed as No. 21-0043, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0043 is dismissed.

Issued: April 20, 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

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