United States Department of Labor

Employees’ Compensation Appeals Board

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N.S., Appellant

and

DEPARTMENT OF JUSTICE, FEDERAL 

BUREAU OF PRISONS, COLEMAN FEDERAL 

CORRECTIONAL COMPLEX, Coleman, FL, 

Employer

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Docket No. 21-1341

Issued: March 24, 2022

Appearances: Case Submitted on the Record

Wayne Johnson, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On September 8, 2021 appellant, through counsel, filed an appeal from a March 11, 2021 

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

Appellate Boards assigned Docket No. 21-1341. 

The Board has duly considered the matter and notes that it 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 

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

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 March 11, 2021 decision was September 7, 2021. As appellant 

did not file an appeal with the Board until September 8, 2021, more than 180 days after the 

March 11, 2021 OWCP decision, the Board finds that the appeal docketed as No. 21 -1341 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 filing of the instant appeal, the Board concludes that the appeal docketed 

as No. 21-1341, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1341 is dismissed. 

Issued: March 24, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

3

Id. at § 501.3(e).

 

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

at § 501.6(d).