W.B. and Department of Justice, Federal Bureau of Prisons, Philadelphia, PA (Board decision, July 27, 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 December 29, 2020. The appeal was filed on June 29, 2021, after the applicable 180-day deadline of June 28, 2021. Because the 180th day fell on a Sunday, the deadline extended to the next Monday. 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

________
)
W.B., Appellant
)
)
and ) Docket No. 21-1042
) Issued: July 27, 2021
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS, Philadelphia, PA,
)
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 29, 2021 appellant filed an appeal from a December 29, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-1042.

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

1
5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
Id. at § 501.3(e).
 The 180th day following the December 29, 2020 decision was June 27, 2021. As this fell on a Sunday, appellant had until Monday, June 28, 2021 to file the appeal.3 Appellant did not file an appeal with the Board until June 29, 2021, more than 180 days after the December 29, 2020 OWCP decision. The Board thus finds that the appeal docketed as No. 21-1042 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. 21-1042 is dismissed.

Issued: July 27, 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
In computing the date of filing, the 180-day time period for filing an appeal begins to run on the day following the date of OWCP’s decision. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or Federal holiday, in which event the period runs to the close of the next business day. 20 C.F.R. § 501.3(f)(3). 4 Id. at § 501.6(d).

2