United States Department of Labor

Employees’ Compensation Appeals Board

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K.P., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

SAN DIEGO VA MEDICAL CENTER, 

San Diego, CA, Employer

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Docket Nos. 22-0966 & 21-1065

Issued: February 28, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 22-0966 AND ORDER 

DISMISSING PETITION FOR RECONSIDERATION IN

DOCKET NO. 21-1065

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JAMES D. McGINLEY, Alternate Judge

On June 10, 2022 appellant sought an appeal from purported March 30, 2022 and June 21, 

2021 decisions of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards assigned the appeal Docket No. 22-0966.

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.1 

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

appellant filed his 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 appeal 

over which the Board may properly exercise jurisdiction. As there is no final adverse decision 

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

issued by OWCP over which the Board may properly exercise jurisdiction, the Board concludes 

that the appeal docketed as No. 22-0966 must be dismissed.3

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 No. 22-0966 must be 

dismissed. 

To the extent that this appeal constitutes a petition for reconsideration of the Board’s 

March 30, 2022 order in Docket No 21-1065, the Board finds that this petition for reconsideration 

is untimely, the Board notes that its decision became final upon the expiration of 30 days from the 

date of issuance.4 As appellant did not file his disagreement with the Board’s March 30, 2022 

order until June 10, 2022, 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.5 Thus, the petition 

for reconsideration of the March 30, 2022 Board order in Docket No. 21-1065 must be dismissed 

as untimely.

Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0966 is dismissed.

3 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).

4 20 C.F.R. § 501.6(d).

5 See id. at § 501.7(a).
3

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 21-

1065 is dismissed as untimely filed.

Issued: February 28, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board