J.B. and U.S. Postal Service, Medford Post Office (Board decision, September 19, 2025)

ECAB final decision. The Board dismissed the new appeal in docket 25-0763 and the late petition to reconsider its earlier decision in docket 24-0946. 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 postal worker appealed an OWCP decision the Board had already affirmed. No new OWCP decision fell within the 180-day appeal window. The Board also found his renewed challenge to its own prior decision came after the 30-day reconsideration period. It dismissed both filings without another merits review.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Repeat appeal dismissed; earlier Board reconsideration petition dismissed as untimely.
• Key point: The prior Board decision did not create a fresh OWCP appeal period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.B., Appellant
)
)
Docket Nos. 25-0763 &
and ) 24-0946
)
Issued: September 19, 2025
U.S. POSTAL SERVICE, MEDFORD POST )
OFFICE, Medford, MA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 25-0763 AND DISMISSING PETITION FOR RECONSIDERATION
IN DOCKET NO. 24-0946

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On August 1, 2025 appellant filed an appeal from a June 6, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0763.

The Board, having duly considered this matter, notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees ’ Compensation Act.1 This jurisdiction encompasses any final decision issued by OWCP within 180 days from the date appellant filed the appeal.2 The Board notes that appellant previously appealed the June 6, 2024 OWCP decision to the Board. By a November 4, 2024 decision in Docket No. 24- 0946, the Board affirmed the June 6, 2024 merit decision of OWCP, as well as a September 19, 2024 nonmerit decision.3 The Board concludes that there is no final adverse decision issued by OWCP within 180 days of the filing of this appeal over which the Board may properly exercise 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.” 3
Docket No. 24-0946 (issued November 4, 2024). jurisdiction.4 The Board finds, therefore, that the appeal docketed as No. 25-0763, must be dismissed.

To the extent that appellant’s August 1, 2025 appeal may be construed as a timely petition for reconsideration of the Board’s November 4, 2024 decision under Docket No. 24- 0946, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance. 5 As appellant did not file his disagreement with the Board’s November 4, 2024 decision until August 1, 2025, this submission may not be deemed as a timely petition for reconsideration as it was filed in excess of 30 days from the date of issuance. 6 Thus, the petition for reconsideration of the November 4, 2024 Board decision in Docket No. 24-0946 must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0763 is dismissed. 7

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 24- 0946 is dismissed as untimely filed.

Issued: September 19, 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
Supra note 2. The Board notes that the record contains a December 23, 2024 nonmerit decision of OWCP denying a hearing. However, as this decision was not issued by OWCP within 180 days of the filing of this appeal, the Board lacks jurisdiction to review it. 5 20 C.F.R. § 501.6(d).
6
See 20 C.F.R. § 501.7(a).
7
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