United States Department of Labor

Employees’ Compensation Appeals Board

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L.M., EXECUTRIX OF THE ESTATE OF W.M.,

Appellant

and

DEPARTMENT OF THE ARMY, ARMY 

DEPOT, Corpus Christi, TX, Employer

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Docket No. 21-1371

Issued: October 26, 2021

Appearances: Case Submitted on the Record

Steve Maher, for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 6, 2021 appellant, through her representative, filed an appeal from a

January 22, 2021 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). 

The Clerk of the Appellate Boards assigned Docket No. 21-1371.

 

The Board has duly considered the matter and 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 issuanc e of OWCP’s 

decision.3

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2

5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).

3

Id. at § 501.3(e).
2

The 180th day following the January 22, 2021 decision was July 21, 2021. As appellant 

did not file an appeal with the Board until September 6, 2021, more than 180 days after the

January 22, 2021 OWCP decision, the Board finds that the appeal docketed as No. 21-1371 is 

untimely filed. The Board is without jurisdiction to review the appeal. 

On appeal, appellant’s representative requests that the 180-day time limit for filing an 

appeal be extended as he “had to be extra careful” due to his mother’s age during the COVID-19 

pandemic. Pursuant to the Board’s Rules of Procedure, “The Board maintains discretion to extend 

the time period for filing an appeal if an applicant demonstrates compelling 

circumstances. Compelling circumstances means circumstances beyond the Appellant’s control 

that prevent the timely filing of an appeal and does not include any delay caused by the failure of 

an individual to exercise due diligence in submitting a notice of appeal.”

4

 Appellant’s 

representative only generally asserted that the COVID-19 pandemic was a complicating factor that 

prevented the timely filing of the appeal. He has not submitted evidence or argument sufficient to 

establish the inability to file a timely appeal.

5

 For this reason, the Board finds that this argument 

is insufficient to establish compelling circumstances as contemplated by the Board’s implementing 

regulation.

6

 Therefore, the appeal will be dismissed.

The Board’s decisions and orders are “final upon the expiration of 30 days from the date 

of their issuance.”

7

4

Id. 

5 The Board notes that OWCP’s January21, 2021 decision specifically advised appellant that an ECAB appeal may 

be filed electronically through ECAB’s electronic filing system (EFS). See 20 C.F.R. § 501.3(f).

6

Supra note 3. See also S.S. Docket No. 10-1135(issued June 23, 2010).

7

Id. at § 501.6(d).
3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1371 is dismissed.

Issued: October 26, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board