R.Z. and U.S. Postal Service, Lexington Post Office, Lexington, SC (Board decision, October 29, 2021)

ECAB final decision. The Board dismissed R.Z.'s appeal because it was filed one day after the 180-day deadline for review of 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

R.Z. appealed an August 5, 2020 OWCP nonmerit decision. The Board calculated that the 180th day was February 1, 2021, but his appeal was filed on February 2. It found no supported compelling circumstances explaining the delay and no later reviewable OWCP decision. The Board dismissed the appeal without deciding the underlying claim.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as one day late.
• Key point: The Board lacked jurisdiction after the 180-day filing period expired.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.Z., Appellant
)
)
and ) Docket No. 21-0441
) Issued: October 29, 2021
U.S. POSTAL SERVICE, LEXINGTON POST
)
OFFICE, Lexington, SC, Employer
)
__________ )

Appearances: Case Submitted on the Record
Wayne Johnson, 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 February 2, 2021 appellant, through counsel, filed a timely appeal from an August 5, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellant Boards assigned Docket No. 21-0441.

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 (FECA).2 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s

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) (2009). 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 August 5, 2020 decision was Monday, February 1, 2021. As appellant did not file an appeal with the Board until Tuesday, February 2, 2021, more than 180 days after the August 5, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21- 0441 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained his 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 February 2, 2021 filing of the instant appeal, the Board concludes that the appeal docketed as No. 21-0441, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0441 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

3
Id. at § 501.3(e).
4
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); H.C., Docket No. 20-0925 (issued May 27, 2021).

2