C.H. and U.S. Postal Service, Hagerstown Post Office, Hagerstown, MD (Board decision, June 5, 2023)

ECAB final decision. The Board dismissed the appeal for lack of jurisdiction because it was filed outside the 180-day period. It did not review the OWCP decision. 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 employee appealed an OWCP decision dated September 9, 2021. His representative filed the Board appeal on May 7, 2023, well after the 180-day deadline. The Board found no documented compelling circumstances explaining the late filing. It dismissed the appeal without reviewing the underlying benefits decision.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d).
• Outcome: Appeal dismissed as untimely.
• Key point: A Board appeal generally must be filed within 180 days of OWCP’s decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.H., Appellant
)
)
and ) Docket No. 23-0776
)
Issued: June 5, 2023
U.S. POSTAL SERVICE, HAGERSTOWN POST )
OFFICE, Hagerstown, MD, Employer )
__________ )

Appearances: Case Submitted on the Record
Stephen Larkin, for the appellant1
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 May 7, 2023 appellant, through his representative, filed an appeal from a September 9, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0776.

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 review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision. 3

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).
3
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.” The 180 th day following the September 9, 2021 decision was March 8, 2022. As appellant did not file an appeal with the Board until May 7, 2023, more than 180 days after the September 9, 2021 OWCP decision, the Board finds that the appeal docketed as No. 23-0776 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered a reason to explain his 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 a ppeal docketed as No. 23-0776, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0776 is dismissed.

Issued: June 5, 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

4
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