L.J. and Department of Justice, Bureau of Prisons, USP Atlanta, Atlanta, GA (Board decision, May 3, 2023)

ECAB final decision. The Board dismissed L.J.’s appeal of OWCP’s September 14, 2022 decision because it was filed March 22, 2023, after the 180-day Board appeal period ended. The record did not document compelling circumstances for the delay. 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 180th day following the agency decision was March 13, 2023. L.J. filed nine days later, and the Board found no basis to excuse the delay or exercise jurisdiction over the challenged decision. It dismissed the appeal without deciding the underlying compensation dispute.

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

________
)
L.J., Appellant
)
)
and ) Docket No. 23-0611
) Issued: May 3, 2023
DEPARTMENT OF JUSTICE, BUREAU
)
OF PRISONS, USP ATLANTA, Atlanta, GA,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Emma Cull, for the appellant1
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 22, 2023 appellant, through her representative, filed an appeal from a September 14, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0611.

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.2 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a). review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision. 3

The 180 th day following the September 14, 2022 decision was March 13, 2023. As appellant did not file an appeal with the Board until March 22, 2023, more than 180 days after the September 14, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0611 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to explain the 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. 23-0611, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0611 is dismissed.

Issued: May 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
20 C.F.R. § 501.3(e).
4
The Board’s decisions a nd orders are “final upon the expiration of 30 days from the date of their issuance.” Id. at § 501.6(d).

2