I.O. and Department of Veterans Affairs, Orlando VA Healthcare System (Board decision, March 31, 2021)

ECAB final decision. The Board granted I.O.’s request to dismiss the appeal and did not decide the underlying OWCP 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

I.O. appealed a July 2020 OWCP decision, and the Board assigned docket No. 20-1593. Counsel sent a letter requesting dismissal of the appeal in March 2021. The Board granted that request and closed the appeal without ruling on the merits of the OWCP decision.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed at appellant’s request.
• Key point: The Board granted counsel’s withdrawal request without reaching the claim merits.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
I.O., Appellant
)
)
and ) Docket No. 20-1593
) Issued: March 31, 2021
DEPARTMENT OF VETERAN AFFAIRS,
)
ORLANDO VA HEALTHCARE SYSTEM,
)
Orlando, FL, Employer
)
_________ )

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

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On September 9, 2020 appellant through counsel, filed a timely appeal from a July 9, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 20-1593.

In a letter dated and received March 5, 2021, 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. 20-1593 is dismissed.

Issued: March 31, 2021
Washington, DC

Alec J. Koromilas, Chief 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