R.E. and Department of the Army, Schofield Barracks Commissary, Wahiawa, HI (Board decision, September 28, 2023)

ECAB final decision dismissing appeal. The Board dismissed the appeal of OWCP’s July 18, 2018 decision because it was filed after the 180 day appeal period. It did not reach 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

R.E. appealed an OWCP decision dated July 18, 2018. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.

Decision snapshot

• Authority: ECAB appeal filing rule, 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: An appeal filed more than 180 days after the OWCP decision falls outside the Board’s ordinary jurisdiction.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.E., Appellant
)
)
and ) Docket No. 23-1160
) Issued: September 28, 2023
DEPARTMENT OF THE ARMY, SCHOFIELD
)
BARRACKS COMMISSARY, Wahiawa, HI,
)
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 September 8, 2023 appellant filed an appeal from a July 18, 2018 decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned Docket No. 23-1160.

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
The Board notes that the record does not contain a March 2, 2023 OWCP decision. The most recent OWCP decision is dated July 18, 2018.
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 July 18, 2018 decision was January 14, 2019. As appellant did not file an appeal with the Board until September 8, 2023, more than 180 days after the July 18, 2018 OWCP decision, the Board finds that the appeal docketed as No. 23-1160 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained her 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. 23-1160, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-1160 is dismissed.

Issued: September 28, 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