I.B. and Department of Veterans Affairs, Orlando VA Healthcare System, Orlando, FL (Board decision, October 26, 2021)

ECAB final decision. The Board granted I.B.'s request to dismiss appeal 21-0705. It made no ruling on the underlying OWCP 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

I.B. filed a timely appeal from a March 9, 2021 OWCP decision. Counsel later wrote to the Board asking to dismiss the appeal. The Board granted that request and closed the docket without deciding the compensation merits.

Decision snapshot

• Authority: The order cites no rule for dismissal; it grants counsel's request to end the appeal.
• Outcome: Appeal voluntarily dismissed.
• Key point: Counsel asked to end the appeal before a merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
I.B., Appellant
)
)
and ) Docket No. 21-0705
) Issued: October 26, 2021
DEPARTMENT OF VETERANS AFFAIRS,
)
ORLANDO VA HEALTHCARE SYSTEM,
)
Orlando, FL, 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 April 7, 2021 appellant through counsel, filed a timely appeal from a March 9, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0705.

In a letter dated and received August 4, 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 a ppropriate authorities for investigation. IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 21-0705 is dismissed.

Issued: October 26, 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