K.C. and Department of Homeland Security, U.S. Customs and Border Protection, Washington, DC (Board decision, January 12, 2023)

ECAB final decision. The Board dismissed K.C.'s appeal for lack of jurisdiction because it was filed more than 180 days after OWCP's February 3, 2022 decision. It did not review the underlying 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

K.C. appealed an OWCP decision dated February 3, 2022. She filed her Board appeal on November 15, after the 180-day filing period ended on August 2. The Board found no documented compelling circumstances explaining the delay and no newer final adverse OWCP decision within the appeal period. It dismissed the appeal without reaching the underlying compensation issue.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; no review of the OWCP decision.
• Key point: The Board lacks jurisdiction when an appeal arrives more than 180 days after OWCP's final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.C., Appellant
)
)
and ) Docket No. 23-0172
) Issued: January 12, 2023
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. CUSTOMS AND BORDER PROTECTION,
)
Washington, DC, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On November 15, 2022 appellant filed an appeal from a February 3, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0172.

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 February 3, 2022 decision was August 2, 2022. As appellant did not file an appeal with the Board until November 15, 2022, more than 180 days after the February 3, 2022 OWCP decision, the Board finds that the appeal docketed as No. 2 3 -01 72 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not

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). explained her 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. 23-0172, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0172 is dismissed.

Issued: January 12, 2023
Washington, DC

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

Janice B. Askin, 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