T.B. and U.S. Postal Service, Post Office, Bedford Park (Board decision, November 30, 2023)

ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely and 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 unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed a November 1, 2022 OWCP decision on November 13, 2023. The Board calculated the 180-day appeal deadline as May 1, 2023 because the 180th day fell on a Sunday. The worker filed more than six months after that deadline and did not provide documentation showing compelling circumstances for an extension. The Board dismissed the appeal without reviewing the underlying compensation issue.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.3(f), 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: When the 180th appeal day falls on Sunday, the deadline moves to Monday; a later filing still needs documented compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.B., Appellant
)
)
and ) Docket No. 24-0094
) Issued: November 30, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Bedford Park, IL, 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 VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On November 13, 2023 appellant filed an appeal from a November 1, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0094.

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 November 1, 2022 decision was April 30, 2023. As this fell on a Sunday, appellant had until Monday, May 1, 2023 to file the appeal. 3 As appellant did not

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.” 3
Id. at § 501.3(f). file an appeal with the Board until November 13, 2023, more than 180 days after the November 1, 2022 OWCP decision, the Board finds that the appeal docketed as No. 24-0094 is 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. 24-0094, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0094 is dismissed.

Issued: November 30, 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

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