T.M. and U.S. Postal Service, Bedford Park Post Office (Board decision, March 30, 2026)
Board dismisses late appeal of postal worker's claim (ECAB 26-0367)
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ECAB final decision dismissing appeal. The Board dismissed the appeal from OWCP's April 30, 2025 decision as untimely and did not decide the claim. 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 an OWCP decision on March 5, 2026. The filing came more than 180 days after the April 2025 decision, and the Board found no documented 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: The appeal was dismissed as untimely.
- Key point: The Board's 180-day filing rule barred review of the older decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
T.M., Appellant
)
)
and ) Docket No. 26-0367
) Issued: March 30, 2026
U.S. POSTAL SERVICE, BEDFORD PARK
)
POST OFFICE, Bedford Park, 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 March 5, 2026 appellant filed an appeal from an April 30, 2025 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards docketed the appeal as No. 26-0367.
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.2 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.3
1
The Board notes that on December 17, 2025, appellant requested reconsideration of OWCP’s March 14, 2025 merit decision. However, OWCP has not issued a final decision on this request, thus it is not presently before the Board. See 20 C.F.R. § 501.3. 2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
3
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.” The 180th day following the April 30, 2025 decision was October 27, 2025. As appellant did not file an appeal with the Board until March 5, 2026, more than 180 days after the April 30, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0367 is untimely filed.4 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. 26-0367 must be dismissed.5 Accordingly.
IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0367 is dismissed.
Issued: March 30, 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
4
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.
5
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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