C.V. and Department of Agriculture, U.S. Forest Service, Mastead Annex, Albuquerque, NM (Board decision, May 25, 2023)

ECAB final decision. The Board granted the employee's request to withdraw the appeal so he could seek reconsideration before OWCP. It did not review the OWCP 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 Forest Service employee appealed an August 23, 2022 OWCP nonmerit decision. He later asked to withdraw his Board appeal so he could seek OWCP reconsideration. The Board granted his request and dismissed the appeal. It did not decide the underlying claim.

Decision snapshot

• Authority: Board dismissal at appellant’s request.
• Outcome: Appeal withdrawn and dismissed.
• Key point: The Board granted the employee’s requested withdrawal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.V., Appellant
)
)
and ) Docket No. 23-0115
) Issued: May 25, 2023
DEPARTMENT OF AGRICULTURE, U.S.
)
FOREST SERVICE, MASTEAD ANNEX,
)
Albuquerque, NM, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On November 1, 2022 appellant filed a timely appeal from an August 23, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0115.

In a letter received on April 13, 2023, appellant requested that his appeal be withdrawn in order to enable him to request reconsideration before OWCP.

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. 23-0115 is dismissed.

Issued: May 25, 2023
Washington, DC

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

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

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

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