United States Department of Labor

Employees’ Compensation Appeals Board

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S.K., Appellant

and

U.S. POSTAL SERVICE, PHILADELPHIA 

PROCESSING & DISTRIBUTION CENTER, 

Philadelphia, PA, Employer

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Docket No. 22-0356

Issued: February 28, 2022

Appearances: Case Submitted on the Record

Russell T. Uliase, Esq., 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 January 11, 2022 appellant, through counsel, filed an appeal from a July 13, 2021 merit 

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

Boards assigned Docket No. 22-0356.

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 issuance 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 July 13, 2021 decision was January 9, 2022. As this fell on a 

Sunday, appellant had until the next business day, Monday, January 10, 2022, to file the appeal.4 

As appellant’s appeal was not filed untilJanuary 11, 2022, more than 180 days after the July 13, 

2021 OWCP decision, the Board finds that the appeal docketed as No. 22-0356 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. 22-

0356, must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0356 is dismissed.

4

20 C.F.R. § 501.3(f).

5 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).
3

Issued: February 28, 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