M.B. and Department of Homeland Security, Transportation Security Administration (Board decision, September 19, 2025)

ECAB final decision. The Board dismissed the new appeal in docket 25-0844 for lack of a reviewable OWCP decision and dismissed the reconsideration petition in docket 25-0207 as late. 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 TSA employee tried to appeal purported OWCP decisions and also challenged an earlier Board ruling. The Board found no final adverse OWCP decision within the appeal window; one date he cited belonged to the Board's own earlier decision. His challenge to that decision came after its 30-day reconsideration period. The Board dismissed both the new appeal and the reconsideration petition.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: New appeal dismissed for lack of jurisdiction; earlier Board reconsideration petition dismissed as late.
• Key point: An earlier Board decision could not serve as a new OWCP decision for an appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.B., Appellant
)
)
and
)
)
Docket Nos. 25-0844 &
DEPARTMENT OF HOMELAND SECURITY, ) 25-0207 TRANSPORTATION SECURITY ) Issued: September 19, 2025 ADMINISTRATION, Bloomington, MN, )
Employer
)
__________ )

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

ORDER DISMISSING APPEAL IN DOCKET NO. 25-0844 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 25-0207

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

On August 17, 2025 appellant sought an appeal from purported final adverse decisions of the Office of Workers’ Compensation Programs (OWCP) dated June 20, 2024 and February 4, 2025. The Clerk of the Appellate Boards docketed the appeal as No. 25 -0844.

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 adverse decision issued by OWCP within 180 days of the date appellant filed the appeal. 2 The February 4, 2025 decision, however, was a Board decision docketed under No. 25-0207.3 There is no final adverse decision issued by OWCP either dated June 20, 2024 or February 4, 2025, or within 180 days of the filing of this 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 must be filed within 180 days from the date of issuance of a decision of the OWCP.”
3
Docket No. 25-0207 (issued February 4, 2025). appeal.4 As there is no final adverse decision issued by OWCP over which the Boa rd may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 2 5-0844 must be dismissed. 5

To the extent that appellant’s August 17, 2025 appeal may be construed as a timely petition for reconsideration of the Board’s February 4, 2025 decision under Docket No. 25-0207, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance.6 As appellant did not file his disagreement with the Board’s February 4, 2025 decision until August 17, 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. 7 Thus, the petition for reconsideration of the February 4, 2025 Board decision in Docket No. 25-0207 must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0844 is dismissed. 8

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 25- 0207 is dismissed as untimely filed.

4
20 C.F.R. § 501.3.
5
Supra note 2.
6
20 C.F.R. § 501.6(d).
7
See 20 C.F.R. § 501.7(a).
8
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
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

3