C.P. and Department of the Army, North Dakota National Guard, Bismark, ND (Board decision, October 30, 2023)

ECAB final decision. The Board dismissed C.P.'s appeal for lack of jurisdiction because he filed it more than 180 days after the August 22, 2022 OWCP decision, contrary to 20 C.F.R. § 501.3(e). The Board did not review the underlying claim. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. 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

C.P., a North Dakota National Guard worker, appealed an OWCP decision issued in August 2022. His representative filed the Board appeal in October 2023, well after the 180-day deadline. The Board found no supported explanation establishing compelling circumstances for the delay. It dismissed the appeal without deciding the underlying compensation issue.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; underlying claim not reviewed.
• Key point: An appeal filed after the 180-day Board deadline falls outside the Board's jurisdiction absent a supported compelling circumstance.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.P., Appellant
)
)
and ) Docket No. 24-0003
) Issued: October 30, 2023
DEPARTMENT OF THE ARMY, NORTH
)
DAKOTA NATIONAL GUARD, Bismark, ND,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Steve Olguin, for the appellant1
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 October 3, 2023 appellant, through his representative, filed an appeal from an August 22, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 24-0003.

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

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). review authority 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 August 22, 2022 decision was February 18, 2023. As appellant did not file an appeal with the Board until October 3, 2023, more than 180 days after the August 22, 2022 OWCP decision, the Board finds that the appeal docketed as No. 24-0003 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. 24-0003, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0003 is dismissed.

Issued: October 30, 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
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