B.M. and Department of Health & Human Services, Indian Health Service, Phoenix Indian Medical Center, Phoenix, AZ (Board decision, January 2, 2024)

ECAB final decision. The Board granted counsel's request to withdraw the appeal and dismissed it. The Board made no ruling on OWCP's underlying August 1, 2022 decision. 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

An Indian Health Service employee appealed an OWCP decision. The employee's counsel later asked to withdraw the appeal because the matter had been settled with OWCP. The Board granted the request and dismissed the appeal without reaching its merits. The order does not describe the settlement terms.

Decision snapshot

• Authority: Board finality rule, 20 C.F.R. § 501.6(d).
• Outcome: Withdrawal granted; Appeal No. 22-1283 dismissed.
• Key point: The reported settlement led counsel to withdraw the Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

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B.M., Appellant
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and ) Docket No. 22-1283
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Issued: January 2, 2024
DEPARTMENT OF HEALTH & HUMAN
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SERVICES, INDIAN HEALTH SERVICE, )
PHOENIX INDIAN MEDICAL CENTER,
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Phoenix, AZ, Employer
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__________ )

Appearances: Case Submitted on the Record
John A. Beaver, Jr., Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On September 2, 2022 appellant, through counsel, filed a timely appeal from an August 1, 2022 merit decision of the Office of Workers Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 22-1283.

In a letter dated December 13, 2023 and received on December 28, 2023, counsel requested that the appeal be withdrawn as the matter has been settled with the Office of Workers’ Compensation Programs.

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 counsel’s request for the withdrawal of the appeal should be granted. 2 Accordingly,

IT IS HEREBY ORDERED THAT counsel’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 22-1283 is dismissed.

Issued: January 2, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy 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
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