R.W. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Pollock (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

An employee of the Federal Bureau of Prisons appealed an August 10, 2022 OWCP decision in November 2023. The Board found that the appeal came after the 180-day deadline. The employee said OWCP had given incorrect filing instructions, but the Board found that explanation did not establish the compelling circumstances required for an extension. It dismissed the appeal for lack of jurisdiction without deciding the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board can extend the 180-day appeal deadline only for compelling circumstances beyond the appellant's control.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.W., Appellant
)
)
and ) Docket No. 24-0095
) Issued: November 30, 2023
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS, FEDERAL
)
CORRECTIONAL INSTITUTION POLLOCK,
)
Pollock, LA, Employer
))
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On November 13, 2023 appellant filed an appeal from an August 10, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0095.

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 August 10, 2022 decision was February 6, 2023. As appellant did not file an appeal with the Board until November 13, 2023, more than 180 days 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.” after the August 10, 2022 OWCP decision, the Board finds that the appeal docketed as No. 24-0095 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant argued that his appeal should be deemed timely, alleging that he was given incorrect instructions by OWCP in filing his Board appeal. However, this explanation is insufficient to establish compelling circumstances as required under section 501.3(e) of the Board’s Rules of Procedure.3 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. 2 4-0095, must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0095 is dismissed.

Issued: November 30, 2023
Washington, DC

Janice B. Askin, 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
Id. 20 C.F.R. § 501.3(e) further provides: “The Board maintains discretion to extend the time period for filing an appeal if an applicant demonstrates compelling circumstances. Compelling circumstances means circumstances beyond the appellant’s control that prevent the timely filing of an appeal and does not include any delay caused by the failure of an individual to exercise due diligence in submitting a notice of appeal.” 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