United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.L., Appellant

and

DEPARTMENT OF LABOR, EMPLOYMENT 

STANDARDS ADMINISTRATION,

Washington, DC, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 23-0249

Issued: February 3, 2023

Appearances: Case Submitted on the Record

Stephen V. Barszcz, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On December 8, 2022 appellant, through counsel, filed an appeal from a June 7, 2022

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

Appellate Boards assigned Docket No. 23-0249.

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 

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. § 8101, et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.3

The 180th day following the June 7, 2022 decision was Sunday, December 4, 2022. As 

this fell on a Sunday, appellant had until Monday, December 5, 2022 to file the appeal.4 

Appellant, however, did not file an appeal with the Board until Thursday, December 8, 2022, 

more than 180 days after the June 7, 2022 OWCP decision. The Board thus finds that the appeal 

docketed as No. 23-0249 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. 23-0249, must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0249 is dismissed.

Issued: February 3, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 20 C.F.R. § 501.3(e).

4

Id. at § 501.3(f).

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).