C.Q. and Department of Homeland Security, Federal Air Marshal Services (Board decision, March 17, 2026)

ECAB final decision. The Board dismissed this appeal for lack of jurisdiction because it was filed after the 180-day limit. The order says Board decisions and orders become final 30 days after issuance under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless the 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

C.Q. appealed an August 28, 2025 nonmerit decision by OWCP. The Board calculated February 24, 2026 as the last day to appeal within 180 days, but C.Q. filed on February 27. C.Q. supplied no documentation establishing compelling circumstances for the late filing. The Board dismissed the appeal without reviewing OWCP's decision.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e) and (f), the Board's 180-day filing and receipt rules.
• Outcome: Appeal dismissed as untimely; OWCP's decision was not reviewed.
• Key point: An appeal received three days after the 180-day deadline was outside the Board's review authority.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.Q., Appellant
)
)
and ) Docket No. 26-0346
) Issued: March 17, 2026
DEPARTMENT OF HOMELAND SECURITY,
)
FEDERAL AIR MARSHAL SERVICES,
)
Des Plaines, IL, 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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On February 27, 2026 appellant filed an appeal from an August 28, 2025 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0346.

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 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which were filed within 180 days from the date of issuance of OWCP’s decision.2

The 180th day following the August 28, 2025 decision was February 24, 2026. As appellant did not file an appeal with the Board until February 27, 2026, more than 180 days after the August 28, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0346 is

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.” 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 concluded that the appeal docketed as No. 26-0346 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0346 is dismissed.

Issued: March 17, 2026
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
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