S.T. and U.S. Postal Service, Post Office, Edison, NJ (Board decision, May 2, 2023)

ECAB final decision. The Board dismissed S.T.’s appeal of OWCP’s February 28, 2022 decision. She filed March 17, 2023, long after the 180-day Board filing period ended August 27, 2022. 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

The record contained no supported explanation showing compelling circumstances for the late filing. The Board therefore lacked jurisdiction to review OWCP’s decision and dismissed the appeal without deciding its merits.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: Appeal dismissed as untimely.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.T., Appellant
)
)
and ) Docket No. 23-0596
) Issued: May 2, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Edison, NJ, 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 March 17, 2023 appellant filed an appeal from a February 28, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0596.

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 February 28, 2022 decision was August 27, 2022. As appellant did not file an appeal with the Board until March 17, 2023, more than 180 days after the February 28, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0596 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 establish compelling circumstances. Because there is no final adverse decision issued by OWCP

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). within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed as No. 23-0596, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0596 is dismissed.

Issued: May 2, 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