United States Department of Labor

Employees’ Compensation Appeals Board

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Q.N., Appellant

and

U.S. POSTAL SERVICE, NORTH TEXAS 

PROCESSING & DISTRIBUTION CENTER, 

Coppell, TX, Employer

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Docket No. 21-1015

Issued: February 7, 2022

Appearances: Case Submitted on the Record

Bobby Castleberry, for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On June 15, 2021 appellant, through representative,filed an appeal from a December 10, 

2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk 

of the Appellate Boards assigned Docket No. 21-1015.

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 

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).
2

authority is limited to appeals, which are filed within 180 days from the date of issuance of 

OWCP’s decision.3

The 180th day following the December 10, 2020 decision was June 8, 2021. As appellant 

did not file an appeal with the Board until June 15, 2021, more than 180 days after the 

December 10, 2020 OWCP decision, the Board finds that the appeal docketed as Docket No. 21-

1015 is untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not 

offered a reason to explain 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 June 15, 2021 filing of the instant appeal, the Board concludes 

that the appeal docketed as No. 21-1015 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 21-1015 is 

dismissed.

Issued: February 7, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

3

20 C.F.R. § 501.3(e).

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).