P.V. and U.S. Postal Service, Post Office, San Jose, CA (Board decision, July 19, 2023)

ECAB final decision. The Board granted the appellant's request to dismiss the appeal from OWCP's April 19, 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

A San Jose postal employee appealed an OWCP decision issued on April 19, 2022. The employee later asked the Board to dismiss the appeal. The Board granted the request and dismissed the appeal without deciding the underlying compensation issue.

Decision snapshot

• Authority: Board order granting the appellant's dismissal request.
• Outcome: Appeal dismissed at the appellant's request.
• Key point: The Board ended the appeal without a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
P.V., Appellant
)
)
and ) Docket No. 23-0042
) Issued: July 19, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
San Jose, CA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On October 15, 2022 appellant filed a timely appeal from an April 19, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0042.

In a letter dated June 6, 2023, and received June 26, 2023, appellant requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that appellant’s request for the dismissal of the appeal should be granted. Accordingly, IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 23-0042 is dismissed.

Issued: July 19, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

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