W.M. and Department of the Air Force (Board decision, September 18, 2024)

ECAB final decision. The Board dismissed the appeal filed after the 180-day deadline. This dismissal ends the Board appeal; it does not decide the underlying compensation claim. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

An Air Force employee appealed a December 8, 2020 OWCP merit decision on August 26, 2024. The Board found that the 180-day appeal period expired on June 6, 2021. With no documented compelling circumstances explaining the delay, it dismissed the appeal for lack of jurisdiction and did not review the underlying claim.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely.
• Key point: The filing came more than three years after the Board deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
W.M., Appellant
)
)
and ) Docket No. 24-0904
)
Issued: September 18, 2024
DEPARTMENT OF THE AIR FORCE,
)
WRIGHT-PATTERSON AIR FORCE BASE, )
Dayton, OH, 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 August 26, 2024 appellant filed an appeal from a December 8, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0904.

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).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 December 8, 2020, decision was June 6, 2021. As appellant did not file an appeal with the Board until August 26, 2024, more than 180 days after the

1
The Board notes that, although appellant indicated on the AB-1 Form that she was appealing from a December 10, 2020 decision, the decision date is actually December 8, 2020. 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).
December 8, 2020 OWCP decision, the Board finds that the appeal docketed as No. 24-0904 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. 24-0904 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0904 is dismissed.

Issued: September 18, 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

4
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” 20 C.F.R. § 501.6(d).

2