K.W. and Department of the Army, Maneuver Support Center of Excellence, Command Element, Fort Leonard Wood, MO (Board decision, May 8, 2023)

ECAB final decision. The Board granted K.W.’s request to withdraw her appeal of OWCP’s April 4, 2022 nonmerit decision. It dismissed the appeal without deciding the underlying claim. A party may petition the Board for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

K.W.’s representative submitted a withdrawal request in January 2023. The request was dated and received January 26, 2023. After considering the matter, the Board granted the withdrawal and dismissed the docket without addressing the challenged agency decision.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(d).
• Outcome: Withdrawal granted; appeal dismissed.
• Key point: Withdrawal granted; appeal dismissed.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
K.W., Appellant
)
)
and
)
)
Docket No. 22-1290
DEPARTMENT OF THE ARMY, MANEUVER )
Issued: May 8, 2023
SUPPORT CENTER OF EXCELLENCE,
)
COMMAND ELEMENT,
)
Fort Leonard Wood, MO, Employer )
_________ )

Appearances: Case Submitted on the Record
Victor A. Walker, 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 7, 2022, appellant through her representative, filed a timely appeal from an April 4, 2022, nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-1290.

In a letter dated and received January 26, 2023, appellant’s representative requested that the appeal be withdrawn.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 the representative’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. 22-1290 is dismissed.

Issued: May 8, 2023
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 Boar

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