D.B. and U.S. Postal Service, Post Office, Charlotte, NC (Board decision, February 26, 2021)

ECAB final decision. The Board dismissed D.B.’s appeal without deciding entitlement to compensation. 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

D.B. appealed an OWCP decision dated April 2, 2020 on January 11, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal was outside the 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.B., Appellant
)
)
and ) Docket No. 21-0413
) Issued: February 26, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Charlotte, NC, 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 January 11, 2021 appellant filed an appeal from an April 2, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0413.

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 April 2, 2020 decision was September 29, 2020. As appellant did not file an appeal with the Board until January 11, 2021, more than 180 days after the April 2, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0413 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. 21-0413 is dismissed.

Issued: February 26, 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