J.V. and Department of the Air Force, Air Education and Training Command (Board decision, November 5, 2024)

ECAB final decision. The Board dismissed the appeal for lack of jurisdiction. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

An Air Force employee appealed OWCP decisions issued in January 2022 and February 2024. The appeal and its postmark came after the Board's 180-day deadline for both decisions. With no supported compelling circumstances excusing the delay, the Board dismissed the appeal without reaching the merits.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely.
• Key point: The 180-day appeal deadline applied to both challenged decisions.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.V., Appellant
)
)
and ) Docket No. 25-0006
)
Issued: November 5, 2024
DEPARTMENT OF THE AIR FORCE, AIR )
EDUCATION & TRAINING COMMAND,
)
LACKLAND AIR FORCE BASE, TX, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge JAMES D. McGINLEY, Alternate Judge

On October 2, 2024 appellant filed an appeal from January 18, 2022 and February 8, 2024 merit decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0006.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions 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 180th day following the January 18, 2022 decision was July 17, 2022, while the 180th day following the February 8, 2024 decision was August 6, 2024. As appellant did not file an appeal with the Board until October 2, 2024, more than 180 days after the January 18, 2022 and February 8, 2024 decisions, the Board finds that the appeal docketed as No. 25-0006 is untimely 1 5 U.S.C. § 8101 et seq; 20 C.F.R. §§ 501.2(c) and 501.3.
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.” filed.3 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. 25 -0006 must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0006 is dismissed.

Issued: November 5, 2024
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

3
Pursuant to the Board’s Rules of Procedure, an appeal is considered filed when received by the Clerk of the Appellate Boards. 20 C.F.R. § 501.3(e)-(f). However, when the date of receipt would result in a loss of appeal rights, the appeal will be considered to have been filed as of the date of the U.S. Postal Service postmark or other carriers date markings. Id. at § 501.3(f)(1). The Board notes that the date of the postmark of this appeal, September 28, 2024, is more than 180 days after the January 18, 2022 and February 8, 2024 decisions of OWCP.

2