G.E. and U.S. Postal Service, South Suburban Illinois Processing & Distribution Center, Bedford Park, IL (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

G.E. appealed a September 8, 2020 OWCP decision on March 10, 2021. The 180th day after the decision fell on Sunday, March 7, so the Board applied its weekend rule and set the filing deadline at Monday, March 8. G.E. filed two days after that deadline. The Board found no documented compelling reason for the delay and dismissed the appeal without reviewing the underlying OWCP decision.

Decision snapshot

• Authority: The 180-day appeal rule and weekend extension in 20 C.F.R. §§ 501.3(e) and 501.3(f).
• Outcome: Appeal dismissed as untimely; underlying OWCP decision not reviewed.
• Key point: The weekend extension moved the deadline to March 8, but the appeal was filed March 10.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.E., Appellant
)
)
and ) Docket No. 21-0632
) Issued: May 12, 2021
U.S. POSTAL SERVICE, SOUTH SUBURBAN
)
ILLINOIS PROCESSING & DISTRIBUTION
)
CENTER, Bedford Park, IL, 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 March 10, 2021 appellant filed an appeal from a September 8, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0632.

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 September 8, 2020 decision was March 7, 2021. As this fell on a Sunday, appellant had until Monday, March 8, 2021 to file the appeal.3 Appellant did not file an appeal with the Board until March 10, 2021, more than 180 days after the September 8, 2020

1
5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
Id. at § 501.3(e).
3
Id. at § 501.3(f).
OWCP decision, therefore, the Board finds that the appeal docketed as No. 21-0632 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to 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.”4

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0632 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

4
Id. at § 501.6(d).

2