T.J. and U.S. Postal Service, Post Office, Jacksonville, FL (Board decision, July 6, 2023)

ECAB final decision. The Board dismissed the appeal of OWCP's January 18, 2022 decision because it was filed after the 180-day deadline. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. 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 worker appealed an OWCP decision issued January 18, 2022. He filed with the Board on May 11, 2023, well after the 180-day appeal period. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal for lack of jurisdiction without reviewing the underlying claim.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e) appeal deadline and § 501.6(d) finality rule.
• Outcome: Appeal dismissed as untimely.
• Key point: An appeal filed more than 180 days after OWCP's decision was outside the Board's review jurisdiction here.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.J., Appellant
)
)
and ) Docket No. 23-0781
) Issued: July 6, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Jacksonville, FL, 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 May 11, 2023 appellant filed an appeal from a January 18, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0781.

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 January 18, 2022 decision was July 17, 2022. As appellant did not file an appeal with the Board until May 11, 2023, more than 180 days after the January 18, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0781 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 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.” 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. 23-0781, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0781 is dismissed.

Issued: July 6, 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