O.S. and Department of the Air Force, MacDill Air Force Base, FL (Board decision, June 16, 2021)

ECAB final decision. The Board dismissed the appeal because no final adverse OWCP decision within the 180-day appeal period was before it; it dismissed the petition for reconsideration of its earlier decision as untimely. 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

O.S. tried to appeal a purported March 2019 OWCP decision, but that date referred to an earlier Board decision. No timely final adverse OWCP decision was in the record for the new appeal. The Board also found that his February 2021 petition to reconsider its March 2019 decision was filed after the 30 day period. It dismissed both matters without revisiting the merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.7(a).
• Outcome: Appeal 21-0450 and reconsideration petition 18-1744 dismissed.
• Key point: The appeal lacked a reviewable recent OWCP decision; the petition to reconsider the earlier Board decision was late.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
O.S., Appellant
)
)
and ) Docket Nos. 21-0450 &
) 18-1744
DEPARTMENT OF THE AIR FORCE, ) Issued: June 16, 2021
MacDILL AIR FORCE BASE, FL
)
__________ )

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

ORDER DISMISSING APPEAL IN DOCKET NO. 21-0450 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 18-1744

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On February 5, 2021 appellant sought an appeal from a purported March 21, 2019 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 21-0450.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act.1 The case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal.2 The most recent final adverse decision issued by OWCP was dated May 18, 2018. By decision dated March 21, 2019 the Board decision affirmed OWCP’s May 18, 2018 decision.3 As there is no final adverse

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
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 OWCP.” 3
Docket No. 18-1744 (issued March 21, 2019). decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 21-0450 must be dismissed.

To the extent that appellant’s February 5, 2021 appeal may be construed as a timely petition for reconsideration of the Board’s March 21, 2019 decision in Docket No. 18-1744, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance.4 As appellant did not file his petition for reconsideration of the Board’s March 21, 2019 decision until February 5, 2021, this submission may not be deemed as a timely petition for reconsideration.5 Thus, the petition for reconsideration of the March 21, 2019 Board decision must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0450 is dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No.
18-1744 is dismissed as untimely filed.

Issued: June 16, 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

4
20 C.F.R. § 501.6(d).
5
See id. at § 501.7(a).

2