United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

L.P., Appellant

and

DEPARTMENT OF THE AIR FORCE, 

SHEPPARD AIR FORCE BASE, TX, Employer

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Docket Nos. 23-0394 & 

21-0282

Issued: June 8, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL IN DOCKET NO. 23-0394 AND 

DISMISSING PETITION FOR RECONSIDERATION 

IN DOCKET NO. 21-0282

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On January 20, 2023 appellant sought an appeal from a decision of the Office of Workers’

Compensation Programs dated September 24, 2020. The Clerk of the Appellate Boards assigned 

Docket No. 23-0394.

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.1 

This jurisdiction encompasses any final adverse 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 September 24, 2020. However, appellant previously appealed that decision to 

the Board. By a November 21, 2022 decision in Docket No. 21-0282, the Board affirmed OWCP’s 

September 24, 2020 decision, finding that appellant had not established a greater permanent 

impairment of the left lower extremity for which she had previously received schedule award 

1

5 U.S.C. § 8101 et seq.; 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

compensation.

3

 As there is no final adverse decision issued by OWCP within 180 days of the 

filing of this appeal4 over which the Board may properly exercise jurisdiction, the Board concludes 

that the appeal docketed as Docket No. 23-0394 must be dismissed.

To the extent that appellant’s January 20, 2023 appeal may be construed as a petition for 

reconsideration of the Board’s November 21, 2022 decision in Docket No. 21-0282, the Board 

notes that its decision became final 30 days after its issuance. 5 As appellant did not file her

disagreement with the Board’s November 21, 2022 decision until January 20, 2023, this 

submission may not be deemed a timely petition for reconsideration.

6

 Thus, the petition for 

reconsideration of the November 21, 2022 Board decision in Docket No. 21-0282 must be 

dismissed as untimely filed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 23-0394 is 

dismissed. 

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

21-0282 is dismissed as untimely filed.

7

3 Docket No. 21-0282 (issued November 21, 2022). 

4

Supra note 2.

5

20 C.F.R. § 501.6(d). 

6

See id. at § 501.7(a).

7 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Supra 

note 5.
3

Issued: June 8, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board