E.O. and Department of Homeland Security, Custom & Border Protection, Olmito, TX (Board decision, December 17, 2020)

ECAB final decision. The Board dismissed appeal No. 21-0186 as untimely, without reviewing the underlying OWCP decision. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

21-0186 was an appeal from OWCP’s May 4, 2020 decision. The appeal was filed on November 24, 2020, outside the 180-day review period. The filing came after the October 31 deadline, and E.O. provided no documented compelling circumstances. The Board dismissed the appeal for lack of jurisdiction and did not reach the merits.

Decision snapshot

• Authority: ECAB 180-day filing limit, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; underlying merits not reviewed.
• Key point: The Board lacked jurisdiction after the appeal deadline passed.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
E.O., Appellant ) Docket No. 21-0186
) Issued: December 17, 2020
and
)
)
DEPARTMENT OF HOMELAND SECURITY,
)
CUSTOM & BORDER PROTECTION,
)
Olmito, TX, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

Before:
CHRISTOPHER J. GODFREY, Deputy Chief Judge PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On November 24, 2020 appellant filed an appeal from a May 4, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0186.

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.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 4, 2020 decision was October 31, 2020. As appellant did not file an appeal with the Board until November 24, 2020, more than 180 days after the May 4, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0186 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to

1
5 U.S.C. § 8149; 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. 21-0186 is dismissed.

Issued: December 17, 2020
Washington, DC

Christopher J. Godfrey, Deputy 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