A.M. and Department of the Interior, U.S. Geological Survey, Las Cruces, NM (Board decision, June 25, 2021)

ECAB final decision. The Board granted the claimant’s request to dismiss the appeal. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A.M. appealed a December 10, 2020 OWCP decision. Her counsel later submitted a written request to dismiss the appeal. The Board granted the request and dismissed docket 21-0309. It did not decide the underlying compensation issue.

Decision snapshot

• Authority: Counsel’s written dismissal request; the order cites no dismissal rule.
• Outcome: Appeal dismissed at claimant’s request.
• Key point: Counsel requested voluntary dismissal before a merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.M., Appellant
)
)
and ) Docket No. 21-0309
) Issued: June 25, 2021
DEPARTMENT OF THE INTERIOR, U.S.
)
GEOLOGICAL SURVEY, Las Cruces, NM,
)
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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On December 29, 2020 appellant through counsel, filed a timely appeal from a December 10, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0309.

In a letter dated and received June 1, 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. 21-0309 is dismissed.

Issued: June 25, 2021
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

2