J.O., claiming as widow of F.O., and Department of the Air Force, Nellis Air Force Base (Board decision, June 11, 2025)

ECAB final decision. The Board dismissed this appeal for lack of jurisdiction because it was filed one day after the 180-day deadline. The underlying benefits decision was not reviewed. 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 widow appealed OWCP's November 15, 2024 merits decision on May 15, 2025. The Board calculated that the 180-day filing period ended on May 14. Because the appeal arrived the following day and no supported compelling circumstances explained the delay, the Board dismissed it for lack of jurisdiction. It did not review the underlying claim.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed as untimely; underlying OWCP decision not reviewed.
• Key point: The Board lacked jurisdiction over an appeal filed after the 180-day deadline.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.O., claiming as widow of F.O., Appellant ) )
and ) Docket No. 25-0545
)
Issued: June 11, 2025
DEPARTMENT OF THE AIR FORCE,
)
NELLIS AIR FORCE BASE, NV, 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 May 15, 2025 appellant filed an appeal from a November 15, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0545.

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. 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 November 15, 2024 decision was May 14, 2025. As appellant did not file an appeal with the Board until May 15, 2025, more than 180 days after the November 15, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25-0545 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not explained 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.” 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 ap peal docketed as No. 25- 0545, must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0545 is dismissed.

Issued: June 11, 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