J.A. and Department of Energy, National Nuclear Security Administration (Board decision, June 25, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal of OWCP's June 10, 2024 decision 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

An employee of the National Nuclear Security Administration appealed a 2024 OWCP decision in June 2026. The Board found the 180-day filing period had expired in December 2024. The appeal also identified a supposed May 2026 decision, but the record contained no adverse final OWCP decision from that date. The Board dismissed the appeal for lack of jurisdiction.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: The 180-day Board appeal period ran from the actual OWCP decision in the record.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.A., Appellant
)
)
and ) Docket No. 26-0560
) Issued: June 25, 2026
DEPARTMENT OF ENERGY, NATIONAL
)
NUCLEAR SECURITY ADMINISTRATION,
)
OFFICE OF SECURE TRANSPORTATION,
)
Albuquerque, NM, 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 June 3, 2026 appellant filed an appeal from a June 10, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate Boards docketed the appeal as No. 26-0560.

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
Although appellant also included a May 15, 2026 OWCP decision date, that Board notes that the case record does not contain an adverse final OWCP decision bearing that date. 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 June 10, 2024 decision was December 7, 2024. As appellant did not file an appeal with the Board until June 3, 2026, more than 180 days after the June 10, 2024 OWCP decision, the Board finds that the appeal docketed as No. 26-0560 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. 26-0560 must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0560 is dismissed.

Issued: June 25, 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