J.W. and U.S. Postal Service, Denver Bulk Mail Center (Board decision, May 15, 2025)

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

Plain-English summary

A postal worker appealed a September 2006 OWCP decision in April 2025. The Board found the filing was beyond the 180-day period and that the worker had not documented compelling circumstances excusing the delay. It dismissed the appeal for lack of jurisdiction without deciding the compensation claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3(e), 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: The Board could not review a decision appealed outside the filing period without documented compelling circumstances.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
Docket No. 25-0472
and ) Issued: May 15, 2025
)
U.S. POSTAL SERVICE, DENVER BULK )
MAIL CENTER, Denver, CO, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 7, 2025 appellant filed an appeal from a September 15, 2006 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0472.

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).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 September 15, 2006, decision was March 14, 2007. As appellant did not file an appeal with the Board until April 7, 2025, more than 180 days after the September 15, 2006 OWCP decision, the Board finds that the appeal docketed as No. 25-0472 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained his failure to timely file an appeal with supporting documentation sufficient to establish compelling

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.” 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 5-0472 must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0472 is dismissed.

Issued: May 15, 2025
Washington, DC

Alec J. Koromilas, 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
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