A.J. and Department of the Army, Civilian Personnel Advisory Center, Fort Shafter, HI (Board decision, May 27, 2021)

ECAB final decision. The Board dismissed the appeal as untimely. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final 30 days after issuance. A party may petition the Board for reconsideration within 30 days of issuance unless this order 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. filed a Board appeal on March 2, 2021 and identified an October 2012 OWCP decision. The Board found no decision from that date in the record; the only OWCP decision it found was dated August 19, 2014. It stated that the 180-day appeal period for that decision had expired on February 15, 2015. With no documented compelling circumstances for the delay, the Board dismissed the appeal without reaching any compensation issue.

Decision snapshot

• Authority: Board appeal filing period under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The filing came years after the appeal period for the only OWCP decision in the record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.J., Appellant
)
)
and ) Docket No. 21-0733
) Issued: May 27, 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 March 2, 2021 appellant filed an appeal from an August 19, 20141 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0733.

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 August 19, 2014 decision was February 15, 2015. As appellant did not file an appeal with the Board until March 2, 2021, more than 180 days after the

1
Although appellant indicated that he was appealing from an October 28, 2012 decision, the Board notes that there is no OWCP decision issued on that date. The only OWCP decision of record is dated August 19, 2014. 2 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
3
Id. at § 501.3(e).
August 19, 2014 OWCP decision, the Board finds that the appeal docketed as No. 21-0733 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. 21-0733 is dismissed.

Issued: May 27, 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