United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

L.J., Appellant

and

DEPARTMENT OF JUSTICE, BUREAU

OF PRISONS, USP ATLANTA, Atlanta, GA, 

Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 23-0611

Issued: May 3, 2023

Appearances: Case Submitted on the Record

Emma Cull, 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 March 22, 2023 appellant, through her representative, filed an appeal from a

September 14, 2022 nonmerit decision of the Office of Workers’ Compensation Programs 

(OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0611.

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 also18 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 September 14, 2022 decision was March 13, 2023. As 

appellant did not file an appeal with the Board until March 22, 2023, more than 180 days after 

the September 14, 2022 OWCP decision, the Board finds that the appeal docketed as No. 

23-0611 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. 23-0611, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0611 is dismissed.

Issued: May 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 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).