G.F. and Department of the Navy, Naval Installations Command (Board decision, April 13, 2026)

Board dismisses late appeal of Navy worker's claim (ECAB 26-0412)

Decision type
Board decision
Docket
26-0412
Decided
April 13, 2026
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-10-06

Apply this precedent to your situation

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.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official ECAB release. The full text is the agency's own release.
Read the official release (dol.gov)

ECAB final decision dismissing appeal. The Board dismissed the appeal from OWCP's August 18, 2025 decision as untimely; it 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 Navy worker filed a Board appeal on March 30, 2026 from an August 18, 2025 OWCP decision. The filing came after the 180-day Board review period. The Board found no timely final adverse decision before it and dismissed the appeal.

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 limit barred review of the earlier OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.F., Appellant
)
)
and ) Docket No. 26-0412
) Issued: April 13, 2026
DEPARTMENT OF THE NAVY, NAVAL
)
INSTALLATIONS COMMAND, NAVY
)
REGION SOUTHWEST, San Diego, CA,
)
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 March 30, 2026 appellant filed an appeal from an August 18, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0412.

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 are filed within 180 days from the date of issuance of OWCP’s decision.2

The 180th day following the August 18, 2025 decision was February 14, 2026. As appellant did not file an appeal with the Board until March 30, 2026, more than 180 days after the August 18, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0412 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 concludes that the appeal docketed as No. 26-0412 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0412 is dismissed.

Issued: April 13, 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

Does this precedent still control your case?

Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace