S.F. and U.S. Postal Service, Post Office, Detroit, MI (Board decision, May 21, 2021)

ECAB final decision. The Board dismissed S.F.'s appeal from OWCP's July 14, 2020 nonmerit decision as untimely, without reviewing the underlying compensation claim. 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

S.F. appealed an OWCP nonmerit decision concerning a postal employment claim. The Board said the 180-day period for an appeal from the July 14, 2020 decision ended January 10, 2021. S.F. filed on April 7, 2021 and offered no documented compelling reason for the delay. The Board dismissed the appeal for lack of jurisdiction without reaching the underlying claim.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; no merits ruling.
• Key point: The late filing placed the OWCP decision outside the Board's review authority.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.F., Appellant
)
)
and ) Docket No. 21-0754
) Issued: May 21, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Detroit, MI, 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 April 7, 2021 appellant filed an appeal from a July 14, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0754.
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 July 14, 2020 decision was January 10, 2021. As appellant did not file an appeal with the Board until April 7, 2021, more than 180 days after the July 14, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0754 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. 21-0754 is dismissed.
Issued: May 21, 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