P.W. and U.S. Postal Service, Greens North Post Office, Houston, TX (Board decision, February 2, 2023)

ECAB final decision. The Board dismissed the appeal from OWCP's March 10, 2022 nonmerit decision because it was filed after the 180-day appeal period; the Board did not review the underlying matter. The dismissal becomes final upon expiration of 30 days from issuance under 20 C.F.R. § 501.6(d). 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 Houston postal worker appealed an OWCP nonmerit decision issued March 10, 2022. The 180-day appeal deadline was September 6, but she filed on December 2. She provided no documented compelling explanation for the delay. The Board dismissed the appeal for lack of jurisdiction without reaching the underlying matter.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d).
• Outcome: Appeal dismissed as filed after the 180-day deadline.
• Key point: The filing date fell outside the Board's 180-day review period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
P.W., Appellant
)
)
and ) Docket No. 23-0223
) Issued: February 2, 2023
U.S. POSTAL SERVICE, GREENS NORTH
)
POST OFFICE, Houston, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On December 2, 2022 appellant filed an appeal from a March 10, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0223.

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 180th day following the March 10, 2022 decision was September 6, 2022. As appellant did not file an appeal with the Board until December 2, 2022, more than 180 days after the March 10, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0223 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained her failure to timely file an appeal with supporting documentation sufficient to

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). 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. 23-0223, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0223 is dismissed.

Issued: February 2, 2023
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