J.H. and U.S. Postal Service, Springfield Post Office, Springfield, OH (Board decision, July 27, 2021)

ECAB final decision. The Board dismissed J.H.'s appeal at counsel'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.H., a postal worker, appealed a March 24, 2021 OWCP decision on April 22, 2021. Counsel sent a letter dated and received June 16, 2021 asking the Board to dismiss the appeal. The Board granted that request and dismissed the case without reviewing the compensation claim's merits.

Decision snapshot

• Authority: ECAB appeal dismissal procedure.
• Outcome: Appeal dismissed at counsel’s request.
• Key point: The Board granted the appellant’s request to withdraw the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.H., Appellant
)
)
and ) Docket No. 21-0762
) Issued: July 27, 2021
U.S. POSTAL SERVICE, SPRINGFIELD POST
)
OFFICE, Springfield, OH, 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
PATRICIA H. FITZGERALD, Alternate Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On April 22, 2021 appellant through counsel, filed a timely appeal from a March 24, 2021 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0762.

In a letter dated and received June 16, 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. 21-0762 is dismissed.

Issued: July 27, 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

2