G.C. and Department of the Navy, Norfolk Naval Shipyard (Board decision, May 24, 2024)

ECAB final decision dismissing appeal. The Board dismissed the appeal because it was filed more than 180 days after OWCP’s decision and the appellant did not establish compelling circumstances for the delay. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. 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).

Plain-English summary

A Norfolk Naval Shipyard employee appealed an OWCP nonmerit decision issued on April 10, 2023. The Board found that the 180-day period ended on October 7, 2023, but the appeal was filed on April 8, 2024. Because the appellant did not provide sufficient support for compelling circumstances, the Board dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(a), 501.3(e), and 501.6(d).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board’s appeal jurisdiction generally requires filing within 180 days of an adverse OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.C., Appellant
)
)
Docket No. 24-0500
and ) Issued: May 24, 2024
)
DEPARTMENT OF THE NAVY, NORFOLK
)
NAVAL SHIPYARD, Portsmouth, VA, 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 April 8, 2024 appellant filed an appeal from an April 10, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0500.

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 April 10, 2023, decision was October 7, 2023. As appellant did not file an appeal with the Board until April 8, 2024, more than 180 days after the April 10, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0500 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained the failure to

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.” 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 4-0500 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0500 is dismissed.

Issued: May 24, 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