M.B. and Department of Homeland Security, Management Directorate (Board decision, August 4, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely and did not decide the compensation merits. 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 Homeland Security employee appealed a December 3, 2025 OWCP decision on June 30, 2026. The Board found that the filing came after the 180-day appeal period. The appellant cited difficulty obtaining specialized treatment, but the Board found no sufficiently documented compelling circumstances. It 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 appeal arrived after the Board's 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.B., Appellant
)
)
and ) Docket No. 26-0637
) Issued: August 4, 2026
DEPARTMENT OF HOMELAND SECURITY,
)
MANAGEMENT DIRECTORATE,
)
Washington, DC, 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 JANICE B. ASKIN, Judge

On June 30, 2026 appellant filed an appeal from a December 3, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0637.

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 (FECA).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 December 3, 2025 decision was June 1, 2026. As appellant did not file an appeal with the Board until June 30, 2026, more than 180 days after the December 3, 2026 OWCP decision, the Board finds that the appeal docketed as No. 26-0637 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 asserted that her appeal was untimely filed due to complications in obtaining specialized medical treatment. However, she has not sufficiently explained the failure to timely file an appeal with supporting documentation 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. 26-0637 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0637 is dismissed.

Issued: August 4, 2026
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, 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