W.R. and Department of Veterans Affairs, Texarkana VA Outpatient Clinic, Texarkana, TX (Board decision, October 30, 2023)

ECAB final decision. The Board dismissed W.R.'s appeal for lack of jurisdiction because he filed it more than 180 days after the October 2, 2013 OWCP decision, contrary to 20 C.F.R. § 501.3(e). The Board did not review the underlying compensation 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

W.R. appealed a 2013 OWCP nonmerits decision related to his VA clinic employment. He filed the Board appeal in October 2023, about ten years after OWCP's decision. The Board found that the filing was far beyond the 180-day deadline and that he had not provided a supported explanation establishing compelling circumstances. It dismissed the appeal without considering the underlying compensation claim.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely; compensation merits not reviewed.
• Key point: The Board's 180-day appeal deadline barred review of a decade-old OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.R., Appellant
)
)
and ) Docket No. 24-0010
) Issued: October 30, 2023
DEPARTMENT OF VETERANS AFFAIRS,
)
TEXARKANA VA OUTPATIENT CLINIC,
)
Texarkana, TX, 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 October 3, 2023 appellant filed an appeal from an October 2, 2013 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 24-0010.

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 October 2, 2013 decision was March 31, 2014. As appellant did not file an appeal with the Board until October 3, 2023, more than 180 days after the October 2, 2013 OWCP decision, the Board finds that the appeal docketed as No. 24-0010 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. 24-0010, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0010 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
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