J.M. and Department of Justice, Federal Bureau of Investigation (Board decision, September 27, 2024)

ECAB final decision. The Board dismissed the appeal filed more than 180 days after the OWCP decision. 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 FBI employee appealed a June 7, 2023 OWCP decision on September 13, 2024. The Board found that the 180-day filing period ended on December 4, 2023. The appellant supplied no documented compelling circumstances for the delay, and the Board dismissed the appeal for lack of jurisdiction. It 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 appeal was filed after the 180-day Board deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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J.M., Appellant
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and ) Docket No. 24-0920
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Issued: September 27, 2024
DEPARTMENT OF JUSTICE, FEDERAL
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BUREAU OF INVESTIGATION,
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San Diego, CA, Employer
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__________ )

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 September 13, 2024 appellant filed an appeal from a June 7, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0920.

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 June 7, 2023 decision was December 4, 2023. As appellant did not file an appeal with the Board until September 13, 2024, more than 180 days after the June 7, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0920 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 4-0920 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0920 is dismissed.

Issued: September 27, 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