R.B. and U.S. Postal Service, Chicago Post Office (Board decision, December 13, 2022)

ECAB final decision dismissing appeal. The Board granted R.B.'s request to withdraw her appeal and dismissed it without reaching the merits. The order becomes final after 30 days under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

R.B. appealed a May 13, 2022 OWCP merit decision. Through counsel, she later asked to withdraw the appeal. The Board granted that request and dismissed the appeal without deciding the underlying claim.

Decision snapshot

• Authority: Board order finality after 30 days, 20 C.F.R. § 501.6(d).
• Outcome: Withdrawal granted and appeal dismissed.
• Key point: The Board did not review the OWCP decision because the appellant withdrew the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.B., Appellant
)
)
and ) Docket No. 22-0952
) Issued: December 13, 2022
U.S. POSTAL SERVICE, POST OFFICE,
)
Chicago, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On June 6, 2022 appellant, through counsel, filed a timely appeal from a May 13, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-0952.

In a letter dated and received November 16, 2022, appellant through counsel, requested that the appeal be withdrawn.

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. The Board has duly considered the matter and concludes that appellant’s request for the withdrawal of the appeal should be granted. 2 Accordingly,

IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 22-0952 is dismissed.

Issued: December 13, 2022
Washington, DC

Janice B. Askin, 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
The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance. 20 C.F.R.
§ 501.6(d).

2