M.T. and Department of the Treasury, Internal Revenue Service, Gulfport, MS (Board decision, June 25, 2021)

ECAB final decision. The Board dismissed the appeal as untimely. 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.T. appealed an OWCP decision issued June 22, 2018. She did not file her Board appeal until May 12, 2021, far beyond the 180 day deadline. The record did not contain the other decision date she mentioned, and she did not document compelling circumstances for the delay. The Board dismissed the appeal without reaching the merits.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal was filed more than 180 days after the reviewable OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.T., Appellant
)
)
and ) Docket No. 21-0860
) Issued: June 25, 2021
DEPARTMENT OF THE TREASURY,
)
INTERNAL REVENUE SERVICE,
)
Gulfport, MS, 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 12, 2021 appellant filed an appeal from a June 22, 2018 merit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards assigned Docket No. 21-0860.

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

1
Appellant’s Form AB-1 requests an appeal from a purported August 24, 2019 decision. However, the case record as transmitted to the Board does not contain final adverse decision of that date. The most recent final adverse decision of record is dated June 22, 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).
 The 180th day following the June 22, 2018 decision was December 19, 2018. As appellant did not file an appeal with the Board until May 12, 2021, more than 180 days after the June 22, 2018 OWCP decision, the Board finds that the appeal docketed as No. 21-0860 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. 21-0860 is dismissed.

Issued: June 25, 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