R.P. and Department of the Navy, USNS Wally Schirra, Norfolk, VA (Board decision, December 17, 2020)

ECAB final decision. The Board granted the request to dismiss appeal No. 21-0192. It did not review the underlying OWCP decision. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

21-0192 was an appeal from OWCP’s September 29, 2020 decision. The appeal was filed on November 16, 2020. R.P. asked the Board in December to dismiss the timely appeal; the Board granted that request. The Board made no ruling on the merits of the underlying claim.

Decision snapshot

• Authority: ECAB dismissal of an appeal at the appellant’s request.
• Outcome: Appeal voluntarily dismissed; underlying merits not reviewed.
• Key point: The Board granted the request to withdraw the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

)
R.P., Appellant
)
)
and ) Docket No. 21-0192
) Issued: December 17, 2020
DEPARTMENT OF THE NAVY, USNS WALLY
)
SCHIRRA, Norfolk, VA, Employer
)
______ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
CHRISTOPHER J. GODFREY, Deputy Chief Judge PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On November 16, 2020 appellant filed a timely appeal from a September 29, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0192.

In a letter dated December 7, 2020 and received on December 8, 2020, appellant requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that appellant’s request for the dismissal of the appeal should be granted. Accordingly, IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 21-0192 is dismissed.

Issued: December 17, 2020
Washington, DC

Christopher J. Godfrey, Deputy 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

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