S.L. and U.S. Postal Service, Jackson Post Office (Board decision, February 9, 2026)
Board dismisses appeal filed after 180-day deadline (ECAB 26-0002)
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This is citable Board precedent from 2026, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
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 September 30, 2024 OWCP decision on September 30, 2025. The Board found that the appeal came after the 180-day filing period and that the record did not establish compelling circumstances for the delay. It dismissed the appeal for lack of jurisdiction.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: Appeal dismissed as untimely.
- Key point: A Board appeal generally must be filed within 180 days of the adverse OWCP decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
______ ) )
S.L., Appellant
)
)
and ) Docket No. 26-0002
) Issued: February 9, 2026
U.S. POSTAL SERVICE, JACKSON POST
)
OFFICE, Jackson, MS, 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 September 30, 2025 appellant filed an appeal from a September 30, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0002.
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 180th day following the September 30, 2024 decision was March 29, 2025. As appellant did not file an appeal with the Board until September 30, 2025, more than 180 days after the September 30, 2024 OWCP decision, the Board finds that the appeal docketed as No. 26-0002
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.” is untimely filed.3 The Board is 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. 26-0002 must be dismissed.4 Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0002 is dismissed.
Issued: February 9, 2026
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
20 C.F.R. § 501.3(f) indicates that a notice of appeal is considered to have been filed only if received by the Clerk of the Appellate Boards.
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
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