C.R. and Department of the Navy, Nader Alameda Naval Air Station (Board decision, July 2, 2026)
Navy worker's appeal and reconsideration petition dismissed as late (ECAB 26-0549)
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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 both the new appeal in docket 26-0549 and the petition to reconsider its 2017 decision in docket 16-0739 as untimely. 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 former Navy worker filed a 2026 appeal referring to a purported 2017 OWCP decision. The latest OWCP decision was actually issued in 2015, outside the Board's 180-day appeal period. Treating the filing as a request to reconsider the Board's August 2017 ruling did not help because it also came after the 30-day reconsideration window. The Board dismissed both requests.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: New appeal and petition to reconsider the earlier Board decision dismissed.
- Key point: Separate filing deadlines barred review of both the OWCP decision and the prior Board decision.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
C.R., Appellant
)
) Docket Nos. 26-0549 &
and ) 16-0739
) Issued: July 2, 2026
DEPARTMENT OF THE NAVY, NADER
)
ALAMEDA NAVAL AIR STATION,
)
Alameda, CA, Employer
)
__________ )
Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL IN DOCKET NO. 26-0549 AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO.
16-0739
Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On May 25, 2026, appellant sought an appeal from a purported August 11, 2017 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0549.
The Board, having duly considered this matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act.1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed this appeal.2 As of the filing of the current appeal, the most recent OWCP decision was dated December 18, 2015. However, the Board notes that appellant previously appealed that decision to the Board. By an August 11, 2017 decision in Docket No. 16-0739, the Board affirmed OWCP’s December 18, 2015 decision, finding that appellant did not meet her burden of proof to modify OWCP’s January 5, 2011 loss of wage-earning capacity
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.” determination.3 The Board concludes that there is no final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction. The Board finds, therefore, that the appeal docketed as No. 26-0549 must be dismissed.
To the extent that appellant’s May 25, 2026 appeal may be construed as a petition for reconsideration of the Board’s August 11, 2017 decision under Docket No. 16-0739, the Board notes that its decision became final upon the expiration of 30 days from the date of issuance.4 As appellant did not file her disagreement with the Board’s August 11, 2017 decision until May 25, 2026, this submission may not be deemed as a petition for reconsideration as it was filed in excess of 30 days from the date of issuance.5 Thus, the petition for reconsideration of the August 11, 2017 Board decision in Docket No. 16-0739 must be dismissed as untimely filed. Accordingly,
IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0549 is dismissed as untimely filed.
IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 16- 0739 is dismissed as untimely filed.6
Issued: July 2, 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
Docket No. 16-0739 (issued August 11, 2017).
4
20 C.F.R. § 501.6(d).
5
20 C.F.R. § 501.7(a).
6
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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