United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

I.J, Appellant

and

DEPARTMENT OF THE ARMY, U.S. CORPS 

OF ENGINEERS, Memphis, TN, Employer

__________________________________________

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Docket Nos. 21-0467 &

20-0812

Issued: March 24, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 21-0467 AND 

DISMISSING PETITION FOR RECONSIDERATION 

IN DOCKET NO. 20-0812

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On February 4, 2021 appellant sought an appeal from a purported October 19, 2020

decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards 

assigned Docket No. 21-0467.

The Board has duly considered the matter and notes that its jurisdiction is limited to the 

review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act 

(FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of 

the date appellant filed his appeal.2 As of the filing of the current appeal, the most recent OWCP 

decision was dated February 11, 2020. However, by an October 19, 2020 decision in Docket No. 

20-0812, the Board affirmed OWCP’s February 11, 2020 decision, finding that OWCP properly 

denied appellant’s request for reconsideration as it was untimely filed and failed to demonstrate 

1

5 U.S.C. § 8149; 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

clear evidence of error.

3

 As there is no final adverse decision issued by OWCP within 180 days 

of the filing of this appeal4 over which the Board may properly exercise jurisdiction, the Board 

concludes that the appeal docketed as No. 21-0467 must be dismissed.

To the extent that appellant’s February 4, 2021 appeal may be construed as a timely petition 

for reconsideration of the Board’s October 19, 2020 decision in Docket No. 20-0812, 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 his disagreement with the Board’s October 19, 2020decision until 

February 4, 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 19, 2020 Board decision must be dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-0467 is dismissed.

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

20-0812 is dismissed as untimely filed.7

3 Docket No. 20-0812 (issuedOctober 19, 2020).

4

Supra note 2.

5

20 C.F.R. § 501.6(d).

6

See id. at § 501.7(a).

7 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: 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