Any person or designated representative who has received an adverse final decision from the Office of Workers’ Compensation Programs (OWCP) in claims arising under the Federal Employees’ Compensation Act may file an appeal.
Attorneys and lay representatives must file appeals with the Board electronically through the eFile/eServe system (EFS). Attorneys and lay representatives may request an exemption (pursuant to § 501.4(d)) for good cause shown. Such a request must include a detailed explanation of why e-filing or acceptance of e-service should not be required.
Self-represented parties may file appeals electronically through EFS. Alternatively, they may file an appeal by submitting a Form AB-1 by mail or other method of delivery to the Clerk of the Appellate Boards at 200 Constitution Avenue, NW, Suite N-5101, Washington, DC 20210.
If you choose to be represented on appeal, include the name of your representative with his or her address and telephone number. The appeal must be filed with the Board, not OWCP. The Board is a separate and independent agency within the Department of Labor.
Yes. Appeals may be filed electronically via the Board’s eFile/eServe system (EFS).
Upon receipt of the appeal, the Clerk of the Appellate Boards will confirm receipt of the appeal and provide a docket number. Reference that docket number in all future communication with the Board.
The Board’s Rules of Procedure require that an appeal must be filed within 180 days following the date of OWCP’s final decision.
After your appeal is reviewed, the Board will issue a written decision or order based on the record that was before OWCP when it made the decision you are appealing. The Board will then mail you and your representative a copy of the decision or order.
No. The Board may consider only the evidence in the case record that was before OWCP at the time of its final decision. Any new evidence submitted will be returned.
No. When OWCP issues its decision, it provides a list of appeal rights. Among those options is a right to appeal OWCP’s decision to the Board. You may exercise only one review option at a time. Review these carefully before deciding which option to pursue. Exercising more than one option at a time will delay development and adjudication of your appeal before the Board.
Oral argument is held at the discretion of the Board. A request for oral argument must be submitted in writing to the Clerk’s office and specify the issue(s) to be argued. The request must be made no later than 60 days after filing the appeal. An appeal in which oral argument is not granted will proceed to a written decision based on the case record. If oral argument is granted, the Clerk’s office will notify the appellant and a representative for the Director of the Office of Workers’ Compensation Programs at least 30 days prior to the argument as to the date set and issues determined for argument. In such situation, 30 minutes is allowed for argument. Note that:
The Board does not reimburse any costs associated with attending oral argument.
The Board exercises appellate review of OWCP’s final decision, and new evidence may not be introduced at argument.
Oral argument must be confined to the evidence of record. There is no provision for the introduction of testimony, questioning of witnesses or a transcription of the argument.
The Board decides most appeals within 6 to 8 months from the date the case record is received from OWCP. The complexity of the issue(s) on appeal or a request for oral argument may affect the length of time it takes to decide an appeal.
No. However, you may file a petition for reconsideration before the Board within 30 days of the date of the Board decision.
The Board’s mailing address is:
Employees' Compensation Appeals Board
200 Constitution Avenue, NW
Room N-5101
Washington, DC 20210
Contact the Board by telephone at (866) 487-2365, email at ECAB-Inquiries@dol.gov, or fax at (202) 513-6833.
If you electronically filed through EFS, you may check the status of your appeal in the system. If you filed an appeal via mail, you may request a status update by contacting the Office of the Clerk of the Appellate Boards referenced above.
Yes. Board decisions and orders are available online.
No. The Board does not provide legal advice to appellants or their representatives.
OWCP and the Board are separate agencies. The Board does not have enforcement authority over OWCP. You must pursue enforcement at OWCP levels or through other channels.