D.K. and U.S. Postal Service, Norfolk Post Office (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 27, 2024 OWCP decision on April 14, 2025. The Board found that the appeal came after the 180-day deadline, which had expired on March 26, 2025. The worker had not documented compelling circumstances for the delay. The Board dismissed the appeal without ruling on 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 appeal missed the 180-day filing deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.K., Appellant
)
)
Docket No. 25-0486
and ) Issued: May 15, 2025
)
U.S. POSTAL SERVICE, NORFOLK POST )
OFFICE, Norfolk, NE, 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 14, 2025 appellant filed an appeal from a September 27, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0486.

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 27, 2024 decision was March 26, 2025. As appellant did not file an appeal with the Board until April 14, 2025, more than 180 days after the September 27, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25-0486 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

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.” 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 5- 0486 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0486 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