B.B. and U.S. Postal Service, League City Post Office (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 League City postal employee appealed an OWCP decision issued on October 12, 2023. The Board found that the 180-day period ended on April 9, 2024, but the appeal was filed on April 22. 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

________
)
B.B., Appellant
)
)
Docket No. 24-0527
and ) Issued: May 24, 2024
)
U. S. POSTAL SERVICE, LEAGUE CITY POST )
OFFICE, League City, TX, 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 22, 2024 appellant filed an appeal from an October 12, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0527.

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 October 12, 2023 decision was April 9, 2024. As appellant did not file an appeal with the Board until April 22, 2024, more than 180 days after the October 12, 2023, OWCP decision, the Board finds that the appeal docketed as No. 24-0527 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 4-0527 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0527 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