J.G. and U.S. Postal Service, Lehi Post Office, Lehi, UT (Board decision, May 21, 2021)

ECAB final decision. The Board granted J.G.'s counsel's request to dismiss the appeal from OWCP's May 5, 2020 decision. It made no ruling on the claim's merits. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

J.G. appealed an OWCP decision concerning a postal employment claim. His lawyer later asked the Board to dismiss the appeal. The Board granted the request and dismissed the case without addressing the underlying claim. The order gives no reason for the requested dismissal and no merits ruling.

Decision snapshot

• Authority: Board order granting the appellant's request to dismiss the appeal.
• Outcome: Appeal dismissed at counsel's request; OWCP's decision was not reviewed on the merits.
• Key point: The dismissal ends this Board appeal without deciding the underlying compensation claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.G., Appellant
)
)
and ) Docket No. 21-0105
) Issued: May 21, 2021
U.S. POSTAL SERVICE, LEHI POST OFFICE,
)
Lehi, UT, 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 October 30, 2020 appellant through counsel, filed a timely appeal from a May 5, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0105.

In a letter dated April 30, 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. 21-0105 is dismissed.

Issued: May 21, 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