United States Department of Labor

Employees’ Compensation Appeals Board

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E.W., Appellant

and

DEPARTMENT OF JUSTICE, U.S. 

PENITENTIARY, Florence, CO, Employer

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Docket No. 20-1436

Issued: September 27, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEALIN DOCKET NO. 20-1436 &

DISMISSING PETITION FOR RECONSIDERATION

IN DOCKET NO. 19-0963

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On July 26, 2020 appellant filed an appeal from a November 2, 2018 merit decision and a 

purported June 30, 2020 decision of the Office of Workers’ Compensation Programs (OWCP).

1

 

The Clerk of the Appellate Boards docketed the appeal as No. 20-1436.

The Board, having duly considered the matter, notes that its jurisdiction is limited to the 

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

(FECA).2 The Board’s Rules of Procedure provide that “Any notice of appeal must be filed within 

180 days from the date of issuance of a decision of OWCP.”

3

 The 180th day following the most 

 

1 The Board notes that the case record does not contain a June 30, 2020 decision of OWCP. The case record, 

however, does contain a Board order dated June 30, 2020. Order Dismissing Appeal in Docket No. 20-0718 and 

Order Dismissing Petition for Reconsideration in Docket No. 19-0963(issued June 30, 2020). To the extent that this 

appeal constitutes a timely petition for reconsideration of the Board’s June 30, 2020 order dismissing his appeal in 

Docket No. 20-0718 as untimely filed, the Board will address that petition by separate order.

2

5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a).

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Id. at § 501.3(e).
2

recent OWCP decision, which was dated November 2, 2018, was May 1, 2019. As appellant did 

not file an appeal with the Board until July 26, 2020, more than 180 days after the November 2, 

2018 decision, the Board finds that the appeal docketed as No. 20-1436 is untimely filed. The 

Board is, therefore, without jurisdiction to review the appeal. Appellant has not offered a reason 

to explain his failure to timely file an appeal with supporting documentation sufficient to establish 

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

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

concludes that the appeal docketed as No. 20-1436 must be dismissed.

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

June 30, 2020 order dismissing petition for reconsideration in Docket No. 19-0963, the Board finds 

that the petition for reconsideration is dismissed. In its June 30, 2020 order, Board dismissed a 

prior petition for reconsideration under Docket No. 19-0963 as untimely filed. There is no 

provision in FECA4 or in the Board’s Rules of Procedure5for filing a petition for reconsideration 

from the dismissal of a petition for reconsideration. As such, the Board concludes that it lacks 

jurisdiction to either grant or deny petition for reconsideration with regard to Docket No. 19-0963.

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Accordingly, the petition for reconsideration with regard to Docket No. 19-0963 must be 

dismissed.

 

4

5 U.S.C. § 8101 et seq.

5

20 C.F.R. § 501.7.

6

See John A. Johnson, 44 ECAB 602 (1993) (wherein the Board dismissed appellant’s petition for reconsideration 

of a denial of a petition for reconsideration, finding no basis to file a second petition for reconsideration, pursuant to 

20 C.F.R. § 501.7(a)).
3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 20-1436 is dismissed.

IT IS FURTHER ORDERED THAT the petition for reconsideration in Docket No. 19-

0963 is dismissed for lack of jurisdiction.

Issued: September 27, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board