D.S. and U.S. Postal Service, Post Office, Frisco City (Board decision, February 28, 2024)

ECAB final decision. The Board dismissed the appeal without deciding the underlying compensation claim. Its order is final upon expiration of 30 days from issuance under 20 C.F.R. § 501.6(d). 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 employee appealed a December 2022 OWCP decision in February 2024. The Board held that the filing came after the 180-day appeal deadline, which expired in June 2023. It dismissed the appeal without reviewing the merits.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely.
• Key point: The 180-day appeal period had expired.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.S., Appellant
)
)
Docket No. 24-0351
and ) Issued: February 28, 2024
)
U.S. POSTAL SERVICE, POST OFFICE, )
Frisco City, AL, 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 February 21, 2024, appellant filed an appeal from a December 30, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0351.

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 December 30, 2022, decision was June 28, 2023. As appellant did not file an appeal with the Board until February 21, 2024, more than 180 days after the December 30, 2022 OWCP decision, the Board finds that the appeal docketed as No. 24-0351 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. 24-0351 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0351 is dismissed.

Issued: February 28, 2024
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

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