L.F. and U.S. Postal Service, Philadelphia Processing and Distribution Center (Board decision, July 28, 2025)

Board dismisses postal worker's appeals of old decisions (ECAB 25-0631)

Decision type
Board decision
Docket
25-0631
Decided
July 28, 2025
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-10-07

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About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official ECAB release. The full text is the agency's own release.
Read the official release (dol.gov)

ECAB final decision. The Board dismissed the appeals of OWCP's June 15, 2023 and September 3, 2024 decisions as untimely. 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 Philadelphia postal worker appealed two OWCP decisions on June 17, 2025. The Board calculated that the 180-day appeal deadlines had expired in December 2023 and March 2025. Because both deadlines had passed and no compelling delay was documented, it dismissed the appeal without a merits ruling.

Decision snapshot

  • Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
  • Outcome: Both appeals dismissed as untimely.
  • Key point: Neither OWCP decision was appealed within 180 days.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.F., Appellant
)
)
and ) Docket No. 25-0631
)
Issued: July 28, 2025
U.S. POSTAL SERVICE, PHILADELPHIA )
PROCESSING & DISTRIBUTION CENTER, )
Philadelphia, PA, 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 June 17, 2025 appellant filed an appeal from a June 15, 2023 merit decision, and a September 3, 2024 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0631.

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 June 15, 2023 decision was December 12, 2023, and the 180th day following the September 3, 2024 decision was March 2, 2025. As appellant did not file an appeal with the Board until June 17, 2025, more than 180 days after either the June 15, 2023 or the September 3, 2024 OWCP decisions, the Board finds that the appeal docketed as No. 25-0631 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.” 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- 0631 must be dismissed. 3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0631 is dismissed.

Issued: July 28, 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

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