R.K. and U.S. Postal Service, Post Office, Novato, CA (Board decision, May 12, 2021)

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

Plain-English summary

R.K. appealed a November 16, 2020 OWCP decision on January 28, 2021. In a letter dated February 24 and received by the Board on March 15, he asked to dismiss the appeal. The Board granted his request and dismissed the docket. Its order gives no ruling on the merits of the underlying OWCP decision.

Decision snapshot

• Authority: Appellant's request to dismiss the appeal.
• Outcome: Appeal dismissed at the appellant's request.
• Key point: The Board did not reach the merits of the OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.K., Appellant
)
) Docket No. 21-0417
and ) Issued: May 12, 2021
)
U.S. POSTAL SERVICE, POST OFFICE,
)
Novato, CA, Employer
)
__________ )

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

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
PATRICIA H. FITZGERALD, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from a November 16, 2020 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0417.

In a letter dated February 24, 2021, and received March 15, 2021, 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. 21-0417 is dismissed.

Issued: May 12, 2021
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

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