J.W. and Department of Transportation, Federal Aviation Administration, Westbury, NY (Board decision, September 26, 2023)

ECAB final decision dismissing appeal. The Board dismissed the appeal of OWCP’s March 15, 2022 decision as filed after the 180 day period. It did not decide the compensation merits. 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

An FAA employee appealed an OWCP decision dated March 15, 2022. The Board received the appeal on May 22, 2023, more than 180 days after the decision. It found no basis to exercise jurisdiction over the late appeal. The Board dismissed without reviewing the compensation issue.

Decision snapshot

• Authority: ECAB appeal filing rule, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: An appeal filed outside the 180 day period is beyond the Board’s ordinary review authority.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
and ) Docket No. 23-0818
) Issued: September 26, 2023
DEPARTMENT OF TRANSPORTATION,
)
FEDERAL AVIATION ADMINISTRATION,
)
Westbury, NY, 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 May 22, 2023 appellant filed an appeal from a March 15, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0818.

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 March 15, 2022 decision was September 11, 2022. As appellant did not file an appeal with the Board until May 22, 2023, more than 180 days after the March 15, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0818 is

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.” 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 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. 23-0818, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0818 is dismissed.

Issued: September 26, 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