K.U. and U.S. Postal Service, Michigan Metroplex Processing & Distribution Center, Pontiac, MI (Board decision, January 27, 2021)

ECAB final decision. The Board granted the request by K.U.’s counsel to dismiss the appeal from OWCP’s January 28, 2020 decision. It did not decide the underlying claim. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

K.U. filed a timely appeal from a January 28, 2020 OWCP decision. Counsel later asked the Board to dismiss the appeal. The Board granted that request and ended the appeal without deciding the underlying claim.

Decision snapshot

• Authority: FECA appeal procedure before ECAB.
• Outcome: Appeal dismissed on counsel’s request.
• Key point: The Board ended the appeal after counsel requested dismissal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.U., Appellant
)
) Docket No. 20-1053
and ) Issued: January 27, 2021
)
U.S. POSTAL SERVICE, MICHIGAN
)
METROPLEX PROCESSING &
)
DISTRIBUTION CENTER, Pontiac, MI,
)
Employer
)
_________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 21, 2020 appellant, through counsel, filed a timely appeal from a January 28, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1053.

In a letter dated and received December 15, 2020, counsel requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that counsel’s request for the dismissal of the appeal should be granted. Accordingly,

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 20-1053 is dismissed.

Issued: January 27, 2021
Washington, DC

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

2