K.P. and Department of Veterans Affairs, San Diego VA Medical Center, San Diego, CA (Board decision, February 28, 2023)

ECAB final decision. The Board dismissed the appeal in Docket No. 22-0966 for lack of a timely final adverse OWCP decision and dismissed the petition to reconsider its order in Docket No. 21-1065 as untimely. It did not decide the underlying benefit claim. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A VA worker sought Board review of purported OWCP decisions and an earlier Board order. The record contained no final adverse OWCP decision issued within 180 days before the new appeal, so the Board dismissed Docket No. 22-0966 for lack of jurisdiction. The worker also challenged the Board's March 30, 2022 order more than 30 days after it was issued. The Board dismissed that reconsideration petition as late without reaching the underlying claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d), 501.7(a).
• Outcome: Appeal and reconsideration petition dismissed; benefit claim not decided.
• Key point: The record lacked a timely final OWCP decision for the appeal, and the challenge to the prior Board order missed the 30-day reconsideration period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

_______
)
K.P., Appellant
)
)
and ) Docket Nos. 22-0966 & 21-1065
) Issued: February 28, 2023
DEPARTMENT OF VETERANS AFFAIRS,
)
SAN DIEGO VA MEDICAL CENTER,
)
San Diego, CA, Employer
)
_________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 22-0966 AND ORDER DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 21-1065

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge JAMES D. McGINLEY, Alternate Judge

On June 10, 2022 appellant sought an appeal from purported March 30, 2022 and June 21, 2021 decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 22-0966.

The Board, having duly considered the matter, notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed his appeal.2 The case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current appeal over which the Board may properly exercise jurisdiction. As there is no final adverse decision

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22-0966 must be dismissed.3

As there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22-0966 must be dismissed.

To the extent that this appeal constitutes a petition for reconsideration of the Board’s March 30, 2022 order in Docket No 21-1065, the Board finds that this petition for reconsideration is untimely, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance.4 As appellant did not file his disagreement with the Board’s March 30, 2022 order until June 10, 2022, this submission may not be deemed as a timely petition for reconsideration as it was filed in excess of 30 days from the date of issuance.5 Thus, the petition for reconsideration of the March 30, 2022 Board order in Docket No. 21-1065 must be dismissed as untimely.

Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0966 is dismissed.

3
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” 20 C.F.R. § 501.6(d).
4
20 C.F.R. § 501.6(d).
5
See id. at § 501.7(a).

2
IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 21- 1065 is dismissed as untimely filed.

Issued: February 28, 2023
Washington, DC

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

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

3