F.C. and U.S. Postal Service, Post Office, Revere, MA (Board decision, July 23, 2021)

ECAB final decision. The Board dismissed the appellant'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

The appellant appealed an OWCP decision dated December 18, 2020 on June 17, 2021. Counsel subsequently sent a letter dated July 1, 2021 asking the Board to dismiss the appeal. The Board granted the request and dismissed the case. It did not decide whether OWCP had correctly resolved the underlying compensation claim.

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

________
)
F.C., Appellant
)
)
and ) Docket No. 21-0993
) Issued: July 23, 2021
U.S. POSTAL SERVICE, POST OFFICE,
)
Revere, MA, Employer
)
_________ )

Appearances: Case Submitted on the Record
Daniel B. 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 June 17, 2021 appellant, through counsel, filed a timely appeal from a December 18, 2020 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 21-0993.

In a letter dated July 1, 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. 21-0993 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

2