M.B. and Department of Transportation, Federal Aviation Authority, Bridgeport, WV (Board decision, July 26, 2023)

ECAB final decision. The Board dismissed the appeal as untimely because it was filed more than 180 days after OWCP's September 30, 2022 decision and no compelling circumstances excused the delay. 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 unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A Federal Aviation Authority employee appealed an OWCP decision issued on September 30, 2022. The appeal was filed on June 29, 2023, after the 180-day filing period had expired. The Board found no supporting documentation showing compelling circumstances for the late filing. It dismissed the appeal for lack of jurisdiction without reviewing the underlying claim.

Decision snapshot

• Authority: FECA, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3(a), 501.3(e), and 501.6(d).
• Outcome: Appeal dismissed as untimely for lack of jurisdiction.
• Key point: The Board's 180-day filing deadline barred review of the 2022 OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.B., Appellant
)
)
and ) Docket No. 23-0940
) Issued: July 26, 2023
DEPARTMENT OF TRANSPORTATION,
)
FEDERAL AVIATION AUTHORITY,
)
Bridgeport, WV, 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 June 29, 2023 appellant filed an appeal from a September 30, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0940.

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 September 30, 2022 decision was March 29, 2023. As appellant did not file an appeal with the Board until June 29, 2023, more than 180 days after the September 30, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0940 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. 23-0940, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0940 is dismissed.

Issued: July 26, 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