United States Department of Labor

Employees’ Compensation Appeals Board

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R.S., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

WEST LOS ANGELES VA MEDICAL 

CENTER, Los Angeles, CA, Employer

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Docket No. 22-0331 & 

20-1307

Issued: August 24, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 22-0331 AND ORDER 

DISMISSING PETITION FOR RECONSIDERATION IN DOCKET NO. 

20-1307

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On December 21, 2021 appellant sought an appeal from a June 29, 2021 decision of the 

Board.1 The Clerk of the Appellate Boards assigned Docket No. 22-0331.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the

review of final adverseOWCPdecisions issued under the Federal Employees’Compensation Act.2 

The only decision of record was a Board decision remanding appellant’s appeal in Docket No. 

20-1307 as there was no final adverse decision of OWCP within the Board’s jurisdiction.3 The 

decision became final after 30 days of issuance and is not subject to further review.4 The case 

record as transmitted to the Board does not contain a final adverse decision of OWCP issued within 

1 Docket No. 20-1307 (issued June29, 2021).

2

5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

3

Supra note 1. 

4

20 C.F.R. § 501.6(d); see R.T.,Docket No. 19-0604 (issued September 13, 2019). 
2

180 days from the date of docketing of the current appeal.5 As there is no final adverse decision 

issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes 

that the appeal docketed as No. 22-0331 must be dismissed.6

To the extent that appellant’s December 21, 2021 appeal may be construed as a petition for 

reconsideration of the Board’s June 29, 2021 decision in Docket No. 20-1307, the Board notes that 

its decision became final upon the expiration of 30 days from the date of issuance.

7

 As appellant 

did not file his disagreement with the Board’s June 29, 2021 decision until December 21, 2021, 

this submission may not be deemed as a timely petition for reconsideration as it was filed in excess 

of 30 days from the date of issuance.8 Thus, the petition for reconsideration of the June 29, 2021

Board decision must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0331 is dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 

20-1307 is dismissed as untimely filed.

Issued: August 24, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

5

Id. at § 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.”

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).

7

Id. at § 501.6(d).

8

See id. at § 501.7(a).