T.B. and U.S. Postal Service, Post Office, Albion, IN (Board decision, March 1, 2023)

ECAB final decision. The Board dismissed this appeal for lack of jurisdiction because it was filed more than 180 days after OWCP's June 23, 2022 decision. The Board did not reach the claim's merits. 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 postal worker appealed an OWCP decision issued June 23, 2022. The deadline for a Board appeal was December 20, 2022, but the appeal was filed in January 2023. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing OWCP's decision. A separate appeal involving another OWCP decision was left for a different docket.

Decision snapshot

• Authority: Board appeal deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; merits not reviewed.
• Key point: A Board appeal generally must be filed within 180 days of OWCP's final adverse decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.B., Appellant
)
)
and ) Docket No. 23-0399
) Issued: March 1, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Albion IN, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On January 26, 2023 appellant filed an appeal from a June 23, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0399.

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 June 23, 2022 decision was December 20, 2022. As appellant did not file an appeal with the Board until January 20, 2023, more than 180 days after the June 23, 2022 OWCP decision, the Board finds that the appeal docketed as No. 2 3 -03 99 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained his 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 ap peal docketed as No. 23-0399, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0399 is dismissed. 4

Issued: March 1, 2023
Washington, DC

Janice B. Askin, 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).
4
Appellant also filed an appeal under OWCP File No. xxxxxx091 from a December 1 3 , 2 0 22 d ecisio n. Th e Board notes that the appeal under OWCP File No. xxxxxx091 will be considered under a separate docket number.

2