R.D. and U.S. Postal Service, Processing & Distribution Center/Facility, West Palm Beach, FL (Board decision, September 29, 2022)

ECAB final decision. The Board dismissed the appeal because it was filed after the 180-day deadline and did not review OWCP's underlying decision. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal employee appealed OWCP's March 17, 2020 decision on September 1, 2022. The Board calculated that the 180-day appeal period ended September 13, 2020. It found the filing untimely and found no documented compelling circumstances explaining the delay. The Board dismissed the appeal for lack of jurisdiction without reviewing the underlying OWCP decision.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board could not review an OWCP decision appealed after the 180-day period on this record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.D., Appellant
)
)
and ) Docket No. 22-1312
) Issued: September 29, 2022
U.S. POSTAL SERVICE, PROCESSING &
)
DISTRIBUTION CENTER/FACILITY,
)
West Palm Beach, FL, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On September 1, 2022 appellant filed an appeal from a March 17, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1312.

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 March 17, 2020 decision was September 13, 2020. As appellant did not file an appeal with the Board until September 1, 2022, more than 180 days after the March 17, 2020 OWCP decision, the Board finds that the appeal docketed as No. 22-1312 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
20 C.F.R. § 501.3(e).

a reason to explain the failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances. Because there is no final adverse decision issued by OWCP within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed as No. 22-1312, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-1312 is dismissed.

Issued: September 29, 2022
Washington, DC

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

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

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

3
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id . at § 501.6(d).

2