United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

A.D., Appellant

and

DEPARTMENT OF COMMERCE, U.S. 

CENSUS BUREAU, Bethesda, MD, Employer

__________________________________________

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Docket No. 23-0107 & 

22-0319

Issued: April 27, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 23-0107 

AND DISMISSING PETITION FOR RECONSIDERATION IN DOCKET 

NO. 22-0319

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On October 28, 2022 appellant filed a timely appeal from a purported September 6, 2022

decision of the Office of Workers’ Compensation Programs (OWCP).1 The Clerk of the Appellate 

Boards assigned Docket No. 23-0107.

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.2 

This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date 

appellant filed her appeal.3 However, the September 6, 2022 decision being appealed was a Board 

decision, assigned Docket No. 22-0319, which affirmed OWCP’s July 8 and December 9, 2021 

1 The Board notes that appellant submitted additional evidence on appeal. However, the Board’s Rules of Procedure

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.”

20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first time on 

appeal. Id.

2 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

3

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.”
2

merit decisions

4

 As there is no final adverse decision issued by OWCP within 180 days of the 

filing of this appeal,

5 over which the Board may properly exercise jurisdiction, the Board 

concludes that the appeal docketed as Docket No. 23-0107 must be dismissed.

To the extent that appellant’s October 28, 2022 appeal may be construed as a timely 

petition for reconsideration of the Board’s September 6, 2022 decision in Docket No. 22-0319, the 

Board notes that its decision became final 30 days after its issuance.6 As appellant did not file her 

disagreement with the Board’s September 6, 2022 decision until October 28, 2022, this submission 

may not be deemed a timely petition for reconsideration as it was filed in excess of 30 days from 

the date of issuance.7 Thus, the petition for reconsideration of the September 6, 2022 Board 

decision in Docket No. 22-0319 must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-0107 is 

dismissed.

IT IS HEREBY ORDERED THAT the petition for reconsideration docketed as Docket 

No. 22-0319 is dismissed as untimely filed.

8

Issued: April 27, 2023

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

4 Docket No. 22-0319 (issued September 6, 2022). 

5 Supra note 3. 

6 20 C.F.R. § 501.6(d).

7 See id. at § 501.7(a).

8 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Supra 

note 6.