United States Department of Labor

Employees’ Compensation Appeals Board

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C.M., Appellant

and

DEPARTMENT OF THE ARMY, 

INSTALLATION MANAGEMENT 

COMMAND, Fort Carson, CO, Employer

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Docket Nos. 22-0145 & 

20-1647

Issued: July 29, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEALIN DOCKET NO. 22-0145 AND

DISMISSING PETITION FOR RECONSIDERATION

IN DOCKET NO. 20-1647

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

On November 5, 2021 appellant filed an appeal from a purported October 5, 2021 decision 

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

assigned Docket No. 22-0145.

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.1 

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

appellant filed her appeal.2 The case record as transmitted to the Board does not contain a final 

adverse decision of OWCP issued within 180 days from the date of docketing of the current 

1

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

2

20 C.F.R. § 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

appeal.3 The only decision found in the case record dated October 5, 2021 is a Board decision 

assigned Docket No. 20-1647.

4

 As there is no final adverse decision issued by OWCP over which 

the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as 

Docket No. 22-0145 must be dismissed. 

To the extent that appellant’s November 5, 2021 appeal may be construed as a petition for 

reconsideration of the Board’s October 5, 2021 decision in Docket No. 20-1647, the Board notes 

that its decision became final upon the expiration of 30 days from the date of issuance. 5 Further, 

as appellant did not file her disagreement with the Board’s October 5, 2021 decision until 

November 5, 2021, this submission may not be deemed as a timely petition for reconsideration as 

it was filed in excess of 30 days from the date of issuance.6 Thus, the petition for reconsideration 

of the October 5, 2021 Board decision in 20-1647 must be dismissed as untimely filed. 

Accordingly,

3

Id.

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). 

5

Id.

6

See id. at § 501.7(a).
3

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 22-0145 is 

dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 20-

1647 is dismissed as untimely filed.

Issued: July 29, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board