J.G. and Department of Homeland Security, U.S. Coast Guard Investigative Service, Washington, DC (Board decision, July 26, 2021)

ECAB final decision. The Board dismissed the appeal as untimely and did not review OWCP's decision. The Board's order becomes final after 30 days under 20 C.F.R. § 501.6(d). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

The appellant asked the Board to review an OWCP decision dated December 3, 2020. The appeal was filed on June 8, 2021, after the 180-day deadline of June 1, 2021. His appeal form named a later decision that was absent from the case record. The appellant gave no documented explanation showing compelling circumstances for the delay. The Board found that it lacked jurisdiction and dismissed the appeal without reaching the compensation claim's merits.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e), 180-day Board appeal deadline.
• Outcome: Appeal dismissed as untimely.
• Key point: The Board could not review the OWCP decision after the appeal period expired.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.G., Appellant
)
)
and ) Docket No. 21-0973
) Issued: July 26, 2021
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. COAST GUARD INVESTIGATIVE
)
SERVICE, Washington, DC, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On June 8, 2021 appellant filed an appeal from a December 3, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards assigned Docket No. 21-0973.

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 December 3, 2020 decision was June 1, 2021. As appellant did not file an appeal with the Board until June 8, 2021, more than 180 days after the December 3,

1
The Board notes that appellant’s AB-1 Form notes that he is requesting an appeal from a June 2, 2021 decision. There is no final adverse decision of that date contained in the case record. The last OWCP decision of record is dated December 3, 2020. 2 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
3
Id. at § 501.3(e).
2020 OWCP decision, the Board finds that the appeal docketed as No. 21-0973 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. 21-0973 is dismissed.

Issued: July 26, 2021
Washington, DC

Janice B. Askin, 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