R.A. and Department of Veterans Affairs, Bruce W. Carter VA Medical Center, Miami, FL (Board decision, September 29, 2022)

ECAB final decision. The Board granted the request to withdraw the appeal from OWCP's April 22, 2021 decision and dismissed the appeal. This order says Board decisions and orders become final upon expiration of 30 days from issuance under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

R.A. appealed an OWCP decision concerning a Department of Veterans Affairs employee. Counsel later requested withdrawal of the appeal. The Board granted the request and dismissed the appeal without deciding the underlying compensation claim.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.6(d), 501.7(a), and 501.9(e).
• Outcome: Appeal dismissed after counsel requested withdrawal.
• Key point: The Board ended the appeal without a merits ruling on OWCP's decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.A., Appellant
)
)
and ) Docket No. 22-0055
) Issued: September 29, 2022
DEPARTMENT OF VETERANS AFFAIRS,
)
BRUCE W. CARTER VA MEDICAL CENTER,
)
Miami, FL, Employer
)
_________ )

Appearances: Case Submitted on the Record
Daniel M. Goodkin, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On October 18, 2021, appellant through counsel, filed a timely appeal from an April 22, 2021, merit decisionof the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-0055.

In a letter dated June 13, 2022 and received June 21, 2022, counsel requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that counsel’s request for the withdrawal of the appeal should be granted. 2 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 collectionof 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. 2 The Board’s decisions and orders are “final upon the expirationof 30 days from the date of their issuance.” 20 C.F.R. § 501.6(d).
 IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 22-0055 is dismissed.

Issued: September 29, 2022
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

2