925 F. 2d 1479 - Lauderdale v. Merit Systems Protection Board

Barbara Ann Lauderdale appeals the decision of the Merit Systems Protection Board, Docket No. CH07529010027 (July 10, 1990), denying her petition for review under 5 C.F.R. Sec. 1201.115 and making final the initial decision of the Administrative Judge ("AJ") which dismissed her appeal as not timely filed. We affirm.

This case sadly involves an uncontested assertion of professional incompetence by petitioner's former counsel during proceedings before the Merit Systems Protection Board for which we have no choice but to let the unfortunate consequences fall upon the petitioner. The facts of the case, which clearly demonstrate that petitioner's appeal was not timely filed, are set forth in detail in the initial decision of the AJ. So also are the several opportunities afforded petitioner by the AJ to come forward and show cause why the time limitations should be waived, opportunities to which petitioner and her counsel did not respond. The initial decision also correctly set forth and applied the law of this circuit that a client cannot escape the consequences of an untimely filing by her designated representative even if she in good faith relied upon the advice and actions of her representative. Rowe v. Merit Systems Protection Board, 802 F.2d 434, 437 (Fed.Cir.1986).