D.B. and Defense Agencies, Defense Logistics Agency-Distribution Susquehanna, New Cumberland, PA (Board decision, September 7, 2023)

ECAB final decision. The Board dismissed an untimely appeal from OWCP’s November 9, 2022 decision. It did not review the merits. 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 defense logistics employee appealed an OWCP decision after the 180 day filing period expired. The Board found no supported explanation establishing compelling circumstances for the delay. It dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: Board appeal filing deadline, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board generally requires an appeal within 180 days of the OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.B., Appellant
)
)
and ) Docket No. 23-0956
) Issued: September 7, 2023
DEFENSE AGENCIES, DEFENSE LOGISTICS
)
AGENY-DISTRIBUTION SUSQUEHANNA,
)
New Cumberland, PA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Randolph Aldon Elliott, Jr., 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 July 10, 2023 appellant, through his representative, filed an appeal from a November 9, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0956.

The Board has duly considered the matter and notes that it 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

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). 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 November 9, 2022 decision was May 8, 2023. As appellant did not file an appeal with the Board until July 10, 2023, more than 180 days after the November 9, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0956 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 appeal docketed as No. 23-0956, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0956 is dismissed.

Issued: September 7, 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) 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.” 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