D.E. and U.S. Postal Service, Nanticoke Post Office (Board decision, March 25, 2024)

ECAB final decision. The Board dismissed appeal docket 24-0384 as untimely. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A postal worker appealed a July 14, 2023 OWCP decision on February 27, 2024. The Board’s 180 day deadline expired on January 10, 2024. The worker gave no supported explanation establishing compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction without reviewing the underlying claim.

Decision snapshot

• Authority: ECAB appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal docket 24-0384 dismissed.
• Key point: An appeal filed after the 180 day deadline is outside the Board’s review authority absent a supported exception.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.E., Appellant
)
) Docket No. 24-0384
and ) Issued: March 25, 2024
)
U.S. POSTAL SERVICE, NANTICOKE POST
)
OFFICE, Nanticoke, PA, 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 February 27, 2024, appellant filed an appeal from a July 14, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0384.

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 180th day following the July 14, 2023, decision was January 10, 2024. As appellant did not file an appeal with the Board until February 27, 2024, more than 180 days after the July 14, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0384 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 compelling 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.” 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. 24-0384 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0384 is dismissed.

Issued: March 25, 2024
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
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