R.O. and Department of Veterans Affairs, Truman VA Hospital (Board decision, May 6, 2024)

ECAB final decision. The Board dismissed the appeal because it was filed after the 180-day deadline and the employee showed no compelling reason for the delay. 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 VA hospital employee appealed OWCP’s September 14, 2023 decision on April 5, 2024. The Board’s 180-day appeal period ended March 12, 2024. The employee did not provide documentation establishing compelling circumstances for the delay. The Board dismissed the appeal without reviewing the claim’s merits.

Decision snapshot

• Authority: Board appeal deadline under 20 C.F.R. § 501.3(e).
• Outcome: Appeal dismissed as untimely.
• Key point: An appeal filed after the 180-day deadline falls outside the Board’s jurisdiction absent supported compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.O., Appellant
)
)
Docket No. 24-0488
and ) Issued: May 6, 2024
)
DEPARTMENT OF VETERANS AFFAIRS,
)
TRUMAN VA HOSPITAL, Columbia, MO, )
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 April 5, 2024 appellant filed an appeal from a September 14, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0488.

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 (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 14, 2023, decision was March 12, 2024. As appellant did not file an appeal with the Board until April 5, 2024, more than 180 days after the September 14, 2023, OWCP decision, the Board finds that the appeal docketed as No. 24-0488 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained

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.” his failure to timely file an appeal with supporting documentation sufficient to establish 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. 2 4-0488 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0488 is dismissed.

Issued: May 6, 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