C.A. and Department of Homeland Security, U.S. Customs and Border Protection, Blythe Border Patrol Station (Board decision, December 5, 2022)

ECAB final decision dismissing appeal. The Board granted C.A.'s request to withdraw the 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

C.A., an employee at the Blythe Border Patrol Station, appealed a January 7, 2022 OWCP merit decision. C.A. later asked to withdraw the appeal. The Board granted the request and dismissed the case 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

________
)
C.A., Appellant
)
)
and ) Docket No. 22-1044
) Issued: December 5, 2022
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. CUSTOMS AND BORDER PROTECTION,
)
BLYTHE BORDER PATROL STATION,
)
Blythe, CA, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On July 6, 2022 appellant filed a timely appeal from a January 7, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1044.

In a letter dated and received October 26, 2022, appellant requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that appellant’s request for the withdrawal of the appeal should be granted. 1 Accordingly,

1
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).
 IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal
is granted. The appeal docketed as No. 22-1044 is dismissed.

Issued: December 5, 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