United States Department of Labor

Employees’ Compensation Appeals Board

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A.V., Appellant

and

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS, Washington, DC, Employer

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Docket No. 23-0170

Issued: November 9, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 23-0170 AND 

DISMISSING PETITION FOR RECONSIDERATION IN 

DOCKET NO. 21-0645

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On November 15, 2022 appellant sought an appeal from purported September 26 and 

November 14, 2022 decisions of the Office of Workers’ Compensation Programs (OWCP). The 

Clerk of the Appellate Boards assigned the appeal Docket No. 23-0170.

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 her appeal.2 As of the filing of the current appeal, the most recent OWCP 

decision was dated April 19, 2022, more than 180 days from the date appellant filed her 

November 15, 2022 appeal. 

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

Regarding appellant’s appeal from a purported November 14, 2022 decision, in 

correspondence of that date OWCP advised her that it had not received payment for an 

overpayment created during the period February 15, 2019 through October 10, 2020 and informed 

her that the debt would be considered delinquent within 30 days. This correspondence, however, 

was informational and does not constitute a final adverse decision of OWCP from which appellant 

may properly appeal.3 As there is no final adverse decision issued by OWCP within 180 days of 

the filing of this appeal,4 over which the Board may properly exercise jurisdiction, the Board 

concludes that the appeal assigned Docket No. 23-0170 must be dismissed.

To the extent that this appeal may be construed as a petition for reconsideration of the 

Board’s September 26, 2022 decision in Docket No. 21-0645, the Board notes that, as discussed, 

its decision became final upon the expiration of 30 days from the date of issuance.5 As appellant 

did not file her disagreement with the Board’s September 26, 2022 decision until November 15, 

2022, this submission may not be deemed as a timely petition for reconsideration as it was filed 

more than 30 days from the date of issuance.6 Thus, the petition for reconsideration of the 

September 26, 2022 Board decision in Docket No. 21-0645 must be dismissed as untimely filed. 

Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0170 is dismissed.

3

See Order Dismissing Appeal, A.L., Docket No. 22-0782 (issued December 5, 2022); Order Dismissing Appeal, 

E.B., Docket No. 21-1281 (issued April5, 2022) (correspondence that is purely informational in nature does not 

constitute a final adverse decision of OWCP from which appellant may properly appeal). Id. at §§ 501.2(c) and 

501.3(a).

4

Supra note 2.

5

20 C.F.R. § 501.6(d);see also Order Dismissing Appeal and Denying Request for Oral Argument, J.C., Docket 

No. 21-0511 (issued September 10, 2021). See also Order Dismissing Appeal, R.N., Docket Nos. 23-0015 and

21-0573 (issued December 27, 2022).

6

See supra note 2 at § 501.7(a).
3

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

21-0645 is dismissed as untimely filed.

Issued: November 9, 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