A.M. and Department of Justice, Federal Bureau of Prisons, Fort Dix (Board decision, June 26, 2024)

ECAB final decision dismissing appeal. The Board dismissed the 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

The appellant sought Board review of an OWCP decision issued January 6, 2023. The 180-day appeal period expired July 5, 2023, but the appeal was filed June 10, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP decision’s merits.

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 after the 180-day filing period expired.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.M., Appellant
)
)
and ) Docket No. 24-0675
)
Issued: June 26, 2024
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS, FEDERAL
)
CORRECTIONAL INSTITUTION FORT DIX, )
Fort Dix, NJ, 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 June 10, 2024 appellant filed an appeal from a January 6, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0675.

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. 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 January 6, 2023, decision was July 5, 2023. As appellant did not file an appeal with the Board until June 10, 2024, more than 180 days after the January 6, 2023, OWCP decision, the Board finds that the appeal docketed as No. 24-0675 is untimely filed. The 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), which provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of OWCP.”

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 4-0675 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0675 is dismissed.

Issued: June 26, 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