K.W. and Department of State, Foreign Service Institute, Washington, DC (Board decision, October 27, 2021)

ECAB final decision. The Board dismissed K.W.'s appeal of a February 2018 OWCP decision because it was filed outside the 180-day review 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

K.W. filed an appeal in September 2021 from a February 14, 2018 OWCP merits decision. The Board found no December 2018 decision identified on the appeal form in the record. The 180-day period for the February decision had expired in August 2018, and K.W. did not document compelling circumstances for the delay. The Board dismissed the appeal without reviewing the merits.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The only identified final decision was years outside the appeal period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.W., Appellant
)
)
and ) Docket No. 21-1367
) Issued: October 27, 2021
DEPARTMENT OF STATE, FOREIGN
)
SERVICE INSTITUTE, 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 September 13, 2021 appellant filed an appeal from a February 14, 2018 merit decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned Docket No. 21-1367.

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 180 th day following the February 14, 2018 decision was August 13, 2018. As appellant did not file an appeal with the Board until September 13, 2021, more than 180 days after

1
Appellant indicated that he was appealing from a December 31, 2018 OWCP decision. The Board notes that there is no OWCP decision dated December 31, 2018 found in the case record. 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 February 14, 2018 OWCP decision, the Board finds that the appeal docketed as No. 21-1367 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. 21-1367 is dismissed.

Issued: October 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

4
Id. at § 501.6(d).

2