B.P. and Department of Veteran Affairs, Birmingham VA Medical Center, Birmingham, AL (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 sought Board review of an OWCP decision dated November 8, 2019. The appeal was filed on June 24, 2021, after the applicable 180-day deadline of May 6, 2020. The appellant supplied no supported reason establishing compelling circumstances for the delay. The Board found that it lacked jurisdiction and dismissed the appeal without reaching the 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 180-day filing period expired.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.P., Appellant
)
)
and ) Docket No. 21-1013
) Issued: July 26, 2021
DEPARTMENT OF VETERAN AFFAIRS,
)
BIRMINGHAM VA MEDICAL CENTER,
)
Birmingham, AL, 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 24, 2021 appellant filed an appeal from a November 8, 2019 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-1013.

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 November 8, 2019 decision was May 6, 2020. As appellant did not file an appeal with the Board until June 24, 2021, more than 180 days after the November 8, 2019 OWCP decision, the Board finds that the appeal docketed as No. 21-1013 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. 21-1013 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

3
Id. at § 501.6(d).

2