D.L. and U.S. Postal Service, Hilo Post Office (Board decision, May 3, 2024)

ECAB final decision. The Board dismissed the appeal because it was filed four days after the 180-day deadline without supported compelling circumstances. 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 employee appealed OWCP’s September 27, 2023 decision. The 180-day filing period ended March 25, 2024, but the appeal was filed March 29. He did not provide documentation establishing compelling circumstances for the delay. The Board dismissed the appeal without reviewing the merits.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board applied the 180-day filing deadline even though the appeal came four days late.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.L., Appellant
)
)
Docket No. 24-0463
and ) Issued: May 3, 2024
)
U.S. POSTAL SERVICE, HILO POST OFFICE, )
Hilo, HI, 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 March 29, 2024 appellant filed an appeal from a September 27, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0463.

The Board has duly considered the matter and notes that it has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act (FECA).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 September 27, 2023, decision was March 25, 2024. As appellant did not file an appeal with the Board until March 29, 2024, more than 180 days after the September 27, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0463 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

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): “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. 2 4-0463 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0463 is dismissed.

Issued: May 3, 2024
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