United States Department of Labor

Employees’ Compensation Appeals Board

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T.J., Appellant

and

U.S. POSTAL SERVICE, ATLANTA 

PROCESSING & DISTRIBUTION CENTER, 

Atlanta, GA, Employer

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Docket No. 22-0251

Issued: July 28, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, 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 December 3, 2021 appellant, through counsel, filed an appeal from an April 19, 20212

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

Appellate Boards assigned Docket 22-0251.

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.3 

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 The Board notes that counsel indicated that he was appealing from an April21, 2021 decision. As there is no 

decision of record dated April 21, 2021, this appears to be a typographical error. 

3

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.4

The 180th day following the April 19, 2021 decision was October 16, 2021. As appellant 

did not file an appeal with the Board until December 3, 2021, more than 180 days after the 

April 19, 2021 decision, the Board finds that the appeal docketed as Docket No. 22-0251 is 

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

her 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. 

22-0251, must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0251 is dismissed.

Issued: July 28, 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

4

Id. at § 501.3(e).

5 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).