S.H. and U.S. Postal Service, Tampa Processing and Distribution Center (Board decision, January 13, 2026)
Board dismisses appeal from 2006 decision as untimely (ECAB 25-0824)
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ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely without reviewing the compensation merits. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).
Plain-English summary
A postal worker appealed a March 20, 2006 OWCP decision on August 12, 2025. The Board applied the one-year appeal limit that governed decisions issued before November 19, 2008. It dismissed the appeal as untimely without reviewing the compensation merits.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: Appeal dismissed under the former one-year deadline.
- Key point: The pre-November 2008 appeal period was one year from the OWCP decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
S.H., Appellant
)
)
and ) Docket No. 25-0824
)
Issued: January 13, 2026
U.S. POSTAL SERVICE, TAMPA
)
PROCESSING AND DISTRIBUTION CENTER, )
Tampa, FL, Employer
)
__________ )
Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL
Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On August 12, 2025 appellant filed an appeal from a March 20, 2006 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0824.
The Board, having duly considered this matter, notes that it 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 prior to November 19, 2008, the Board’s review authority is limited to appeals which are filed within one year from the date of issuance of OWCP’s decision.2
1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
See 20 C.F.R. § 501.3(d)(2) (2008). For final adverse decisions issued by OWCP on and 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. See 20 C.F.R. § 501.3(e) (2009).
As appellant did not file an appeal with the Board until August 12, 2025, more than one year after the March 20, 2006 OWCP decision, the Board finds that the appeal docketed as No. 25-0824 is untimely filed. The Board is without jurisdiction to review the appeal. 3 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0824 is dismissed.
Issued: January 13, 2026
Washington, DC
Patricia H. Fitzgerald, Deputy 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).
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