K.M. and Department of Veterans Affairs, Minneapolis VA Health Care System, Minneapolis, MN (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

K.M. appealed a March 12, 2021 OWCP decision. She later submitted a letter asking that the appeal be dismissed. The Board granted the request and dismissed docket 21-0687. It did not reach the merits of the compensation dispute.

Decision snapshot

• Authority: The order cites no regulation; it grants the appellant's dismissal request.
• Outcome: Appeal dismissed at claimant’s request.
• Key point: The appellant asked to end the Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.M., Appellant
)
)
and ) Docket No. 21-0687
) Issued: June 25, 2021
DEPARTMENT OF VETERANS AFFAIRS,
)
MINNEAPOLIS VA HEALTH CARE SYSTEM,
)
Minneapolis, MN, 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
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 27, 2021 appellant filed a timely appeal from a March 12, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0687.

In a letter dated May 18, 2021 and received May 25, 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. 21-0687 is dismissed.

Issued: June 25, 2021
Washington, DC

Alec J. Koromilas, 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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