J.D. and Department of Veteran Affairs, Tennessee Valley Healthcare Systems, Murfreesboro, TN (Board decision, July 23, 2021)

ECAB final decision. The Board dismissed J.D.'s appeal at the appellant's request. The Board's order becomes final after 30 days under 20 C.F.R. § 501.6(d). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

J.D. appealed a March 19, 2021 OWCP decision on April 13, 2021. In a letter dated April 22, 2021, J.D. asked the Board to dismiss the appeal. The Board granted that request and dismissed the case. It did not decide the merits of the underlying compensation claim.

Decision snapshot

• Authority: ECAB appeal dismissal procedure.
• Outcome: Appeal dismissed at appellant’s request.
• Key point: The appellant requested dismissal before a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.D., Appellant
)
)
and ) Docket No. 21-0722
) Issued: July 23, 2021
DEPARTMENT OF VETERAN AFFAIRS,
)
TENNESSEE VALLEY HEALTHCARE
)
SYSTEMS, Murfreesboro, TN, 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 April 13, 2021 appellant filed a timely appeal from a March 19, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0722.

In a letter dated April 22, 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. 21-0722 is dismissed.

Issued: July 23, 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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