United States Department of Labor

Employees’ Compensation Appeals Board

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T.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Greensboro, NC, Employer

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Docket No. 23-0846

Issued: July 20, 2023

Appearances: Case Submitted on the Record

Christina Faliero, for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On June 5, 2023 appellant, through her representative, filed an appeal from an August 11, 

2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk 

of the Appellate Boards assigned Docket No. 23-0846.

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 

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

of OWCP’s decision.

3

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).

3

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

The 180th day following the August 11, 2022 decision was February 7, 2023. As 

appellant did not file an appeal with the Board until June 5, 2023, more than 180 days after the

August 11, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0846 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant’s 

representative argued that appellant’s appeal was untimely because, among other things, OWCP 

sent appellant’s decision to an incorrect address, and that there were problems with OWCP’s 

electronic filing system. However, this explanation is insufficient without supporting 

documentation to establish compelling circumstances as required under section 501.3(e) of the 

Board’ Rules of Procedure.

4

 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. 

23-0846, must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0846 is dismissed.

Issued: July 20, 2023

Washington, DC

Alec J. Koromilas, 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

4

Id. 20 C.F.R. § 501.3(e) further provides: “The Board maintains discretion to extend the time period for filing 

an appeal if an applicant demonstrates compelling circumstances. Compelling circumstances means circumstances 

beyond theappellant’s control that prevent the timely filing of an appeal and does not include any delay caused by 

the failure of an individual to exercise due diligence in submitting a notice of appeal.”

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).