The Rules of Procedure of the Employees’ Compensation Appeals Board (Board), codified at 20 C.F.R. Part 501, establish the procedures for filing and processing appeals.

JURISDICTION: The Board has jurisdiction to review final adverse decisions of Office of Workers’ Compensation Programs (OWCP) issued under the Federal Employees’ Compensation Act (FECA). 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.20 C.F.R. § 501.3(e). An appeal is considered filed only when it is received by the Clerk of the Appellate Boards. 

In computing the date of filing, the 180-day period for filing an appeal begins to run on the day after the date of OWCP’s decision. When the last day to file an appeal falls on a Saturday, Sunday, or Federal holiday, the 180-day period runs until the close of the next business day. 20 C.F.R. § 501.3(f). 

The Board's review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. New evidence will not be considered by the Board for the first time on appeal. 20 C.F.R. § 501.2(c)(1). Alternatively, you may submit new evidence to OWCP with a request for reconsideration of the merits of your claim. 

The Board and OWCP may not simultaneously exercise jurisdiction over the same underlying issue in a case on appeal. 20 C.F.R. §§ 501.2(c)(3), 10.626; see also Douglas E. Billings, 41 ECAB 880 (1990).

FILING OF THE 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 the 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.

A notice of appeal shall contain the date of the OWCP decision being appealed and  the OWCP File Number . Additionally, the appellant must sign the notice of appeal.  A filing submitted by a registered user through EFS constitutes the appellant’s signature if the filing contains the appellant’s name in an appropriate signature block.

DOCKETING OF THE APPEAL: Once an appeal is properly filed with the Board, the Clerk of the Appellate Boards will assign a docket number. You must reference your assigned docket number in all correspondence with the Board. The Office of the Clerk of the Appellate Boards cannot provide advice, assist with legal research, or indicate a specific date when a Board decision will be issued. The assistance of the Clerk’s office is limited to procedural matters.

BOARD REVIEW: Every appeal is reviewed by a panel of judges who consider the case record and the arguments presented. All evidence of record at the time of the decision on appeal is considered before a decision is reached. The judges who consider your appeal will issue either a full decision or a procedural order disposing of the case. The Board strives to process appeals in the order in which they are filed and as expeditiously as possible.

Copies of Board decisions are available online.

ORAL ARGUMENT: Oral argument is held at the discretion of the Board. Any request for oral argument must be submitted in writing to the Clerk’s office and specify the issue(s) for which argument is sought. Your 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 before the Board. If oral argument is granted, the Clerk’s office will notify you at least 30 days prior to the argument as to the date set and the issues preserved for argument. 

  • Oral argument in person is heard before the Board in Washington, DC. The Board in its discretion may hear oral argument by videoconference.
  • The Board does not reimburse any costs associated with attending oral 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.

REPRESENTATION: You may file an appeal to the Board without the assistance of an attorney or other representative. However, should you elect to have an attorney, union representative or other representative appear on your behalf, you must authorize such representation in writing, either by completing the relevant portions of the appeal online or on the Form AB-1, or submitting a separate signed statement of authorization to the Clerk of the Appellate Boards.

FEES OF REPRESENTATIVES: All fees for representative services performed in connection with an appeal before the Board require prior approval by the Board. Receipt by a representative of any fee or other consideration for such legal services without approval is a misdemeanor. Disbursements for items such as travel, telephone calls, and postage do not require approval; they are a matter for adjustment between the representative and client. An application for approval of a fee for services should not be submitted to the Board until after the appeal is closed. The fee application must include the amount of the fee requested and an itemized statement of the time and character of work performed solely in connection with the appeal. Representatives should submit their statements in a clear and understandable format addressing the regulatory requirements pursuant to 20 C.F.R. § 501(9)(e). The Board will provide a copy of the fee application to the appellant, who will have the opportunity to comment. The payment of any fee approved by the Board is the responsibility of the appellant. For work performed before OWCP, a separate fee application must be submitted to OWCP for approval.