K.H. and U.S. Postal Service, Jacksonville Post Office (Board decision, May 21, 2024)

ECAB final decision. The Board dismissed the appeal for lack of jurisdiction because it was filed after the 180-day deadline; it did not review the underlying compensation decision. Board orders become final after 30 days under 20 C.F.R. § 501.6(d). 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 filed an appeal on September 12, 2023 from OWCP's March 15, 2023 decision. The Board calculated that the 180-day deadline expired on September 11. It found no documented compelling circumstances explaining the late filing and dismissed the appeal without deciding the underlying claim.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; OWCP's decision was not reviewed.
• Key point: Filing one day after the 180-day deadline left the Board without jurisdiction absent supported compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.H., Appellant
)
)
and ) Docket No. 23-1162
)
Issued: May 21, 2024
U.S. POSTAL SERVICE, JACKSONVILLE )
POST OFFICE, Jacksonville, FL, 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 JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On September 12, 2023 appellant filed an appeal from a March 15, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1162.

The Board, having duly considered this matter, notes that it has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act (FECA). 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, 2023 decision was September 11, 2023. As appellant did not file an appeal with the Board until September 12, 2023, more than 180 days after the March 15, 2023 OWCP decision, the Board finds that the appeal docketed as No. 23 -1162 is untimely filed. The Board is without jurisdiction to review the appeal.

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) which 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.” 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. 23-1162 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-1162 is dismissed.

Issued: May 21, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, 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