A.J. and Department of the Army, Civilian Personnel Advisory Center, Fort Shafter, HI (Board decision, May 12, 2021)

ECAB final decision. The Board dismissed the appeal as untimely, without reviewing OWCP's underlying 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

A.J. appealed a May 20, 2020 OWCP decision on February 22, 2021. The Board calculated the 180-day appeal deadline as November 16, 2020. A.J. filed after that deadline and supplied no documentation showing compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction and did not review the merits of the OWCP decision.

Decision snapshot

• Authority: The 180-day appeal deadline in 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; underlying OWCP decision not reviewed.
• Key point: The February 22, 2021 appeal missed the November 16, 2020 deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.J., Appellant
)
)
and ) Docket No. 21-0616
) Issued: May 12, 2021
DEPARTMENT OF THE ARMY, CIVILIAN
)
PERSONNEL ADVISORY CENTER,
)
Fort Shafter, HI, 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 February 22, 2021 appellant filed an appeal from a May 20, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0616.

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 20, 2020 decision was November 16, 2020. As appellant did not file an appeal with the Board until February 22, 2021, more than 180 days after the May 20, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0616 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. 21-0616 is dismissed.

Issued: May 12, 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