S.M. and U.S. Postal Service, Milwaukee Post Office (Board decision, June 27, 2024)

ECAB final decision dismissing appeal. The Board dismissed this appeal for lack of jurisdiction because it was filed more than 180 days after OWCP’s decision. 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 postal worker appealed an OWCP decision dated January 31, 2023, but did not file with the Board until May 22, 2024. The Board’s 180-day filing deadline had expired in July 2023. It found no documented compelling circumstances excusing the delay and dismissed the appeal without reaching the merits of the OWCP decision.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e) and 501.6(d).
• Outcome: Appeal dismissed as untimely; no merits review.
• Key point: The Board lacked jurisdiction over an appeal filed after the 180-day deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.M., Appellant
)
)
and ) Docket No. 24-0631
)
Issued: June 27, 2024
U.S. POSTAL SERVICE, POST OFFICE, )
Milwaukee, WI, 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 May 22, 2024 appellant filed an appeal from a January 31, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0631.

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. 2 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.3

The 180 th day following the January 31, 2023, decision was July 30, 2023. As appellant did not file an appeal with the Board until May 22, 2024, more than 180 days after the January 31,

1
Appellant appealed from a purported December 15, 2022 decision. The January 31, 2023 decision is the only decision of record and is the basis for this order.
2
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.”

2023, OWCP decision, the Board finds that the appeal docketed as No. 24-0631 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained the 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 4-0631 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0631 is dismissed.

Issued: June 27, 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

4
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