J.Y. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AK (Board decision, October 29, 2021)

ECAB final decision. The Board dismissed J.Y.'s appeal because it was filed more than 180 days after the 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

J.Y. sought Board review of a January 14, 2020 OWCP decision. He filed the appeal on November 5, 2020, after the July 12 deadline identified by the Board. He did not provide a supported explanation establishing compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction without deciding the underlying merits.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal came after the 180-day filing period for the OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.Y., Appellant
)
)
and ) Docket No. 21-0206
) Issued: October 29, 2021
DEPARTMENT OF THE ARMY, PINE BLUFF
)
ARSENAL, Pine Bluff, AK, Employer
)
__________ )

Appearances: Case Submitted on the Record
Furonda Brasfield, Esq., for the appellant1
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 November 5, 2020 appellant, through counsel, sought an appeal from a January 14, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0206.

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. 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 180 th day following the January 14, 2020 decision was July 12, 2020. As 1 In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” appellant did not file an appeal with the Board until November 5, 2020, more than 180 days after the January 14, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0206 is untimely filed. He has not offered a reason to explain the failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances. As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 21-0206 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0206 is dismissed.

Issued: October 29, 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

2