M.S. and U.S. Postal Service, Post Office, Watford City, ND (Board decision, May 18, 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

M.S. appealed an OWCP decision from October 2018. The Board calculated the 180-day appeal deadline as April 16, 2019. Its order gives two different dates in 2021 for the filing of the appeal, but both fall after that deadline. The Board found no documented compelling reason for the delay and dismissed the appeal for lack of jurisdiction.

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: Both filing dates printed in the order fall after the Board's April 16, 2019 deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.S., Appellant
)
)
and ) Docket No. 21-0681
) Issued: May 18, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Watford City, ND, 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 15, 2021 appellant filed an appeal from an-October 18, 2018 merit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards assigned Docket No. 21-0681.

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.2 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.3

The 180th day following the October 18, 2018 decision was April 16, 2019. As appellant did not file an appeal with the Board until February 23, 2021, more than 180 days after the

1
The Board notes that appellant’s application for review (Form AB-1) requests an appeal from an August 24, 2020 decision. The case record as transmitted to the Board, however, does not contain a decision dated August 24, 2020. The last decision of record is dated October 28, 2018. 2 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
3
Id. at § 501.3(e).
October 18, 2018 OWCP decision, the Board finds that the appeal docketed as No. 21-0681 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. 21-0681 is dismissed.

Issued: May 18, 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