F.S. and Department of Justice, Federal Bureau of Prisons, Coleman Federal Correctional Complex (Board decision, December 3, 2025)
Board dismisses new appeal and late reconsideration petition (ECAB 25-0912)
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This is citable Board precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
ECAB final decision dismissing appeal and petition. The Board dismissed the new appeal and the petition to reconsider its earlier order without deciding 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 federal prison employee appealed a purported May 2025 OWCP decision, but the record contained no reviewable OWCP decision within the 180-day period. The May decision she identified was a Board order in a different docket. Her September filing also came too late to reconsider that Board order. The Board dismissed both the new appeal and reconsideration petition.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: Appeal dismissed; petition for reconsideration dismissed as untimely.
- Key point: An earlier Board order did not create a new OWCP appeal period.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
F.S., Appellant
)
)
and ) Docket Nos. 25-0912 &
)
25-0510
DEPARTMENT OF JUSTICE, FEDERAL ) Issued: December 3, 2025 BUREAU OF PRISONS, COLEMAN FEDERAL ) CORRECTIONAL COMPLEX, Coleman, FL, )
Employer
)
__________ )
Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL IN DOCKET NO. 25-0912 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 25-0510
Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On September 24, 2025 appellant sought an appeal from a purported May 27, 2025 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0912.
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 case record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 180 days from the date of docketing of the current
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.” appeal.3 Because there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25-0912 must be dismissed.
To the extent that appellant’s September 24, 2025 appeal may be construed as a timely petition for reconsideration of the Board’s May 27, 2025 order under Docket No. 25-0510, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance. 4 As appellant did not file her disagreement with the Board ’s May 27, 2025 order until September 24, 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. 5 Thus, the petition for reconsideration of the May 27, 2025 Board order in Docket No. 25-0510 must be dismissed as untimely filed. Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0912 is dismissed.
IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 25- 0510 is dismissed as untimely filed. 6
Issued: December 3, 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
Id. at § 501.3.
4
Id. § 501.6(d).
5
Id. § 501.7(a).
6
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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