A.F. and Department of Homeland Security, U.S. Customs and Border Protection (Board decision, May 30, 2025)

ECAB final decision. The Board dismissed the late appeal and did not review the underlying OWCP decision. 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

A Customs and Border Protection worker appealed OWCP's September 2024 decision in May 2025. The Board found the 180-day filing period had expired in March 2025. It dismissed the appeal for lack of jurisdiction without deciding the underlying benefits issue.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely.
• Key point: The Board had no jurisdiction over an appeal filed after 180 days.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

____________
)
A.F., Appellant
)
)
and ) Docket No. 25-0520
)
Issued: May 30, 2025
DEPARTMENT OF HOMELAND SECURITY, )
U.S. CUSTOMS AND BORDER PROTECTION, )
El Paso, 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 VALERIE D. EVANS-HARRELL, Alternate Judge

On May 6, 2025 appellant filed an appeal from a September 5, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). 1 The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0520.

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).2 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. 3

1
Although appellant indicated that the OWCP decision from which he was appealing was dated September 4, 2024, the Board notes that the only OWCP decision of record is dated September 5, 2024. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
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.” The 180 th day following the September 5, 2024, decision was March 4, 2025. As appellant did not file an appeal with the Board until May 6, 2025, more than 180 days after the September 5, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25-0520 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. 2 5-0520 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0520 is dismissed.

Issued: May 30, 2025
Washington, DC

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

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

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

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