A.D. and U.S. Postal Service, Post Office, Hyde Park, MA (Board decision, May 9, 2023)

ECAB final decision. The Board dismissed A.D.'s appeal of OWCP's December 10, 2021 decision because it was filed beyond the 180-day Board appeal period, without documented compelling circumstances. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed an OWCP decision issued December 10, 2021. The Board calculated that the 180-day appeal period ended June 8, 2022, but the appeal was filed in February 2023. With no documented compelling circumstances to excuse the delay, the Board dismissed the appeal without reviewing the underlying claim.

Decision snapshot

• Authority: Board appeal filing period, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board lacked jurisdiction over an appeal filed beyond its 180-day period without documented compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.D., Appellant
)
)
and ) Docket No. 23-0416
)
Issued: May 9, 2023
U.S. POSTAL SERVICE, POST OFFICE, )
Hyde Park, MA, 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 February 6, 2023 appellant filed an appeal from a December 10, 2021 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0416.

The Board, having duly considered this matter, 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 December 10, 2021 decision was June 8, 2022. As appellant did not file an appeal with the Board until February 7, 2023, more than 180 days after the December 10, 2021 OWCP decision, the Board finds that the appeal docketed as No. 23 -0416 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 establish compelling

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). 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 -0416, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0416 is dismissed.

Issued: May 9, 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. Supra note 1 at § 501.6(d).

2