D.K. and U.S. Postal Service, Processing & Distribution Center, New Orleans, LA (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

D.K. appealed two OWCP nonmerit decisions dated April 29 and August 24, 2020. The Board calculated that the deadline to appeal the later decision was February 22, 2021 because the 180th day fell on a Saturday. D.K. filed on May 7, 2021 and did not provide documentation establishing compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction without reviewing the compensation claim.

Decision snapshot

• Authority: Board appeal filing period under 20 C.F.R. § 501.3(e) and (f)(3).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board applied the 180-day appeal period and the next-business-day rule.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.K., Appellant
)
)
and ) Docket No. 21-0824
) Issued: May 27, 2021
U.S. POSTAL SERVICE, PROCESSING &
)
DISTRIBUTION CENTER, New Orleans, LA,
)
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 May 7, 2021 appellant filed an appeal from April 29 and August 24, 2020 nonmerit decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0824.

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 August 24, 2020 decision was February 22, 2021.3 As appellant did not file an appeal with the Board until May 7, 2021, more than 180 days after the

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
As the 180th day fell on Saturday, February 20, 2021, appellant had until the next business day, Monday, February 22, 2021, to timely file a Board appeal. See 20 C.F.R. § 501.3(f)(3). August 24, 2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0824 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. 21-0824 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