J.W. and Department of Justice, Federal Corrections Center, Allenwood, White Deer, PA (Board decision, February 3, 2023)

ECAB final decision. The Board dismissed the appeal from OWCP's May 12, 2022 decision because it was filed after the 180-day appeal period; the Board did not review the merits. 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

An employee at a federal corrections center appealed an OWCP decision issued May 12, 2022. The appeal was filed December 14, after the 180-day deadline of November 8. The employee did not provide a documented compelling reason for the delay. The Board dismissed the appeal for lack of jurisdiction without reviewing the underlying claim.

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 Board could not review an OWCP decision appealed after the 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
and ) Docket No. 23-0259
) Issued: February 3, 2023
DEPARTMENT OF JUSTICE, FEDERAL
)
CORRECTIONS CENTER, ALLENWOOD,
)
White Deer, PA, 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 VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On December 14, 2022 appellant filed an appeal from a May 12, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0259.

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 May 12, 2022 decision was November 8, 2022. As appellant did not file an appeal with the Board until December 14, 2022, more than 180 days after the May 11, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0259 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 his 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. 23-0259, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0259 is dismissed.

Issued: February 3, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy 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