C.V. and Department of Homeland Security, U.S. Citizenship and Immigration Services (Board decision, April 21, 2025)

ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely and did not review OWCP's compensation ruling. 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 unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A USCIS employee appealed a July 15, 2024 OWCP decision in March 2025. The Board found the 180-day appeal period had ended in January and no documented compelling circumstances excused the delay. It dismissed the appeal without reaching the merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board lacked jurisdiction over an appeal filed after the 180-day period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.V., Appellant
)
)
and ) Docket No. 25-0429
)
Issued: April 21, 2025
DEPARTMENT OF HOMELAND SECURITY, )
U.S. CITIZENSHIP AND IMMIGRATION )
SERVICES, Tampa, FL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Daniel DeCiccio, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 27, 2025 appellant, through counsel, filed an appeal from a July 15, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0429.

The Board has duly considered this 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

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a). 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 July 15, 2024 decision was January 11, 2025. As appellant did not file an appeal with the Board until March 27, 2025, more than 180 days after the July 15, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25-0429 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. 25 -0429, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0429 is dismissed.

Issued: April 21, 2025
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

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.” 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