J.C. and U.S. Postal Service, Post Office, North Reading, MA (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

J.C. appealed a December 29, 2020 OWCP nonmerit decision. He later asked the Board to dismiss the appeal. The Board granted his request and dismissed docket 21-0484. The order does not decide the underlying claim.

Decision snapshot

• Authority: The order cites no regulation; it grants the claimant's dismissal request.
• Outcome: Appeal dismissed at claimant’s request.
• Key point: The claimant withdrew the appeal before a Board merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.C., Appellant
)
)
and ) Docket No. 21-0484
) Issued: June 25, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
North Reading, MA, 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
VALERIE D. EVANS-HARRELL, Alternate Judge

On January 28, 2021 appellant filed a timely appeal from a December 29, 2020 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0484.

In a letter dated and received May 20, 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. 21-0484 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

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