D.F. and U.S. Postal Service, Milton Freewater Post Office, Milton Freewater, OR (Board decision, July 25, 2023)

ECAB final decision. The Board granted the appellant's request to withdraw the appeal from OWCP's June 6, 2022 decision and dismissed the appeal. 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

A postal employee appealed an OWCP decision issued on June 6, 2022. The employee later asked to withdraw the appeal. The Board granted the request and dismissed the appeal without addressing the underlying compensation decision.

Decision snapshot

• Authority: FECA, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3(a), and 501.7(a).
• Outcome: Appeal dismissed after the appellant withdrew it.
• Key point: The Board ended the appeal without ruling on the underlying claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

_______
)
D.F., Appellant
)
)
and ) Docket No. 22-1074
)
Issued: July 25, 2023
U.S. POSTAL SERVICE, MILTON
)
FREEWATER POST OFFICE,
)
Milton Freewater, OR, 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 1, 2022 appellant filed a timely appeal from a June 6, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1074.

In a letter dated August 9, 2022, and received on March 17, 2023, appellant requested that the appeal be withdrawn.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. Accordingly, IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 22-1074 is dismissed.

Issued: July 25, 2023
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