R.L. and U.S. Postal Service, Lexington Post Office (Board decision, March 17, 2026)
Board dismisses late appeal of postal worker's compensation decisions (ECAB 26-0361)
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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. 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
R.L. appealed two OWCP decisions concerning a claim against the U.S. Postal Service. The later decision was issued May 6, 2025, and the Board calculated November 2, 2025 as the last day to file an appeal within 180 days. R.L. filed on March 4, 2026 and supplied no documentation establishing compelling circumstances for the late filing. The Board dismissed the appeal without reviewing the compensation claim.
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 decisions were not reviewed.
- Key point: The Board cannot hear an appeal filed after its 180-day limit without documented compelling circumstances.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
R.L., Appellant
)
)
and ) Docket No. 26-0361
) Issued: March 17, 2026
U.S. POSTAL SERVICE, LEXINGTON POST
)
OFFICE, Lexington, OK, 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 March 4, 2026 appellant filed an appeal from an April 8, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP) and a May 6, 2025 nonmerit decision of the OWCP. The Clerk of the Appellate Boards docketed the appeal as No. 26-0361.
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 May 6, 2025 decision was November 2, 2025. As appellant did not file an appeal with the Board until March 4, 2026, more than 180 days after the May 6, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0361 is untimely
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.” 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. 26-0361 must be dismissed.4 Accordingly.
IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0361 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
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