United States Department of Labor

Employees’ Compensation Appeals Board

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D.C., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

COATESVILLE VA MEDICAL CENTER,

Coatesville, PA, Employer

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Docket Nos. 21-1411 & 

19-1340

Issued: April 29, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEALIN DOCKET NO. 21-1411 AND 

DISMISSING PETITION FOR RECONSIDERATION 

IN DOCKET NO. 19-1340

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On September 20, 2021 appellant sought an appeal from a purported September 11, 2021

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards assigned Docket No. 21-1411.

The Board, having duly considered the matter, notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the 

date appellant filed his appeal.2 The case record as transmitted to the Board does not contain a 

September 11, 2021 decision of OWCP, nor does it contain any other final adverse decision of 

OWCP issued within 180 days from the date of docketing of the current appeal. 3 As there is no 

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 f rom the 

date of issuance of a decision of the OWCP.”

3

Id. 
final adverse decision issued by OWCP over which the Board may properly exercise jurisdiction, 

the Board concludes that the appeal docketed as No. 21-1411 must be dismissed.

4

To the extent that appellant’s September 20, 2021 appeal may be construed as a petition 

for reconsideration of the Board’s February 13, 2020 decision in Docket No. 19-1340, the Board 

notes that its decision became final upon the expiration of 30 days from the date of issuance.5 

Further, as appellant did not file his disagreement with the Board’s February 13, 2020 decision 

until September 20, 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.6 Thus, the petition 

for reconsideration of the February 13, 2020 Board decision must be dismissed as untimely filed.

Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1411 is dismissed.

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

19-1340 is dismissed as untimely filed.

Issued: April 29, 2022

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

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).

5

20 C.F.R. § 501.6(d).

6

See id. at § 501.7(a).