T.D. and Department of Homeland Security, U.S. Coast Guard, Washington, DC (Board decision, May 7, 2021)

ECAB final decision. The Board granted the 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

T.D., through counsel, appealed a January 11, 2021 OWCP decision on February 8, 2021. Counsel later sent a letter dated and received March 19 asking the Board to dismiss the appeal. The Board granted the request and dismissed the docket. Its order gives no reason for the request and makes no ruling on 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 closed the appeal without reviewing the merits.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.D., Appellant
)
) Docket No. 21-0476
and ) Issued: May 7, 2021
)
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. COAST GUARD, Washington, DC,
)
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
PATRICIA H. FITZGERALD, Alternate Judge

On February 8, 2021 appellant through counsel, filed a timely appeal from a January 11, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0476.

In a letter dated and received March 19, 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. 21-0476 is dismissed.

Issued: May 7, 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

2