S.K. and U.S. Postal Service, Elkins Post Office, Elkins Park, PA (Board decision, September 28, 2021)

ECAB final decision. The Board dismissed an appeal filed after the 180-day period. 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

The appeal was filed on July 21, 2021, more than 180 days after OWCP’s May 3, 2019 decision. The Board’s review period had expired. The Board found no documented compelling circumstances to excuse the delay. It dismissed the appeal without reaching the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal was filed outside the 180-day Board review period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.K., Appellant
)
)
and ) Docket No. 21-1156
) Issued: September 28, 2021
U.S. POSTAL SERVICE, ELKINS POST
)
OFFICE, Elkins Park, PA, 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 July 21, 2021 appellant filed an appeal from a May 3, 2019 merit decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned Docket No. 21-1156.

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 May 3, 2019 decision was October 30, 2019. As appellant did not file an appeal with the Board until July 21, 2021, more than 180 days after the May 3, 2019 OWCP decision, the Board finds that the appeal docketed as No. 21-1156 is untimely filed. The

1
Appellant’s AB-1 form requests an appeal from a purported May 6, 2021 decision of OWCP. However, there is no OWCP decision dated May 6, 2021. The last final adverse OWCP decision of record is dated May 3, 2019. 2 5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
3
Id. at § 501.3(e).
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. 21-1156 is dismissed.

Issued: September 28, 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