A.G. and Department of Justice, Federal Correctional Institution Oakdale, Oakdale, LA (Board decision, April 11, 2023)

ECAB final decision. The Board dismissed A.G.’s appeal as untimely. It was filed after the 180 day period following the August 2022 OWCP decision. 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.G. appealed OWCP’s August 11, 2022 nonmerit decision on February 9, 2023. The 180 day filing period ended on February 7. The Board found no documented compelling circumstances for the late filing and dismissed the appeal without addressing the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The appeal missed the 180 day review deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.G., Appellant
)
)
and ) Docket No. 23-0461
) Issued: April 11, 2023
DEPARTMENT OF JUSTICE, FEDERAL
)
CORRECTIONAL INSTITUTION OAKDALE,
)
Oakdale, LA, 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 February 9, 2023 appellant filed an appeal from an August 11, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0461.

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 August 11, 2022 decision was February 7, 2023. As appellant did not file an appeal with the Board until February 9, 2023, more than 180 days after the August 11, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0461 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) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” 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. 23-0461, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0461 is dismissed.

Issued: April 11, 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