B.P. and Department of the Interior, Bureau of Land Management, Grand Junction, CO (Board decision, March 21, 2023)

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

Plain-English summary

A Bureau of Land Management worker appealed a March 11, 2022 OWCP decision. The worker later asked to withdraw the appeal. The Board granted that request and dismissed the appeal. The order does not address the underlying compensation merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.6(d), 501.7(a).
• Outcome: Appeal dismissed after the worker requested withdrawal.
• Key point: The Board ended the appeal at the appellant's request without reviewing OWCP's merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
B.P., Appellant
)
)
and ) Docket No. 22-1274
) Issued: March 21, 2023
DEPARTMENT OF THE INTERIOR, BUREAU
)
OF LAND MANAGEMENT,
)
Grand Junction, CO, 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
JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On August 31, 2022 appellant filed a timely appeal from a March 11, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1274.

In a subsequent letter, appellant requested that the appeal be withdrawn.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. 22-1274 is dismissed.

Issued: March 21, 2023
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

2