P.M. and U.S. Postal Service, Fort Point Post Office (Board decision, December 22, 2023)

ECAB final decision. The Board dismissed the appeal for lack of jurisdiction because it was filed after the 180-day deadline. The order does not decide 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 the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A Postal Service employee appealed a March 23, 2023 OWCP decision on December 15, 2023. Board appeals generally must be filed within 180 days of the OWCP decision. The deadline for this appeal was September 19, 2023, and the employee did not document compelling circumstances for the delay. The Board dismissed the appeal without reviewing the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e), the 180-day Board appeal deadline.
• Outcome: Appeal dismissed as untimely.
• Key point: The Board lacked jurisdiction over the late appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
P.M., Appellant
)
)
Docket No. 24-0183
and ) Issued: December 22, 2023
)
U.S. POSTAL SERVICE, FORT POINT POST )
OFFICE, Boston, MA, 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 December 15, 2023 appellant filed an appeal from a March 23, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0183.

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 March 23, 2023 decision was September 19, 2023. As appellant did not file an appeal with the Board until December 15, 2023, more than 180 days after the March 23, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0183 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained her failure to timely file an appeal with supporting documentation sufficient to establish 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.”

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. 24-0183, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0183 is dismissed.

Issued: December 22, 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