M.G. and Department of Veterans Affairs, W.G. (Bill) Hefner VA Medical Center (Board decision, September 9, 2025)

ECAB final decision. The Board dismissed the appeal of OWCP's November 5, 2024 nonmerit decision as untimely without reviewing the underlying claim. 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 VA employee appealed an OWCP decision on August 19, 2025. The 180-day appeal period had ended May 5, 2025, after a weekend extension. The employee gave no documented compelling reason for filing late. The Board dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Appeal dismissed as untimely; underlying claim not reviewed.
• Key point: The 180-day appeal period had expired before the Board received the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.G., Appellant
)
)
and ) Docket No. 25-0786
)
Issued: September 9, 2025
DEPARTMENT OF VETERANS AFFAIRS,
)
W.G. (BILL) HEFNER VA MEDICAL CENTER, )
Salisbury, NC, 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 August 19, 2025 appellant sought an appeal from a November 5, 2024 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0786.

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 (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 November 5, 2024 decision was May 4, 2025. As this fell on a Sunday, appellant had until the next business day, Monday, May 5, 2025, to file the appeal. 3 As 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), which 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
20 C.F.R. § 501.3(f). See also Order Dismissing Appeal, S.K., Docket No. 22-0356 (issued February 28, 2022). appellant did not file an appeal with the Board until August 19, 2025, more than 180 days after the November 5, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25 -0786 was untimely filed. The Board is, therefore, 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. 25-0786 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0786 is dismissed.

Issued: September 9, 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