N.M. and Department of Veterans Affairs, Dallas VA Medical Center, Dallas, TX (Board decision, October 26, 2021)

ECAB final decision. The Board dismissed N.M.'s appeal because it was filed after the 180-day period for review of OWCP's September 17, 2020 decision. 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

N.M. appealed an OWCP decision dated September 17, 2020. The Board calculated that the filing period ended March 16, 2021, but the appeal was filed October 1. N.M. 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 notice of appeal came after the 180-day review period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
N.M., Appellant
)
)
and ) Docket No. 22-0008
) Issued: October 26, 2021
DEPARTMENT OF VETERANS AFFAIRS,
)
DALLAS VA MEDICAL CENTER, Dallas, TX,
)
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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On October 1, 2021 appellant filed an appeal from a September 17, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-0008.

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 180 th day following the September 17, 2020 decision was March 16, 2021. As appellant did not file an appeal with the Board until October 1, 2021, more than 180 days after the September 17, 2020 OWCP decision, the Board finds that the appeal docketed as No. 22-0008 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered

1
5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).
2
Id. at § 501.3(e). 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.”3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0008 is dismissed.

Issued: October 26, 2021
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

3
Id. at § 501.6(d).

2