D.K. and Department of Veterans Affairs, VA Medical Center, Long Beach, CA (Board decision, June 1, 2023)

ECAB final decision. The Board granted the employee's request to dismiss the appeal. 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 VA employee appealed a December 15, 2022 OWCP decision. The employee later sent the Board a letter asking to dismiss the appeal. The Board granted that request and closed the appeal. It did not decide the underlying compensation issue.

Decision snapshot

• Authority: Board dismissal of appeal at appellant’s request.
• Outcome: Appeal dismissed at the appellant’s request.
• Key point: The Board granted the employee’s request to withdraw the appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
D.K., Appellant
)
)
and ) Docket No. 23-0262
) Issued: June 1, 2023
DEPARTMENT OF VETERANS AFFAIRS, VA
)
MEDICAL CENTER, Long Beach, CA,
)
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 December 18, 2022 appellant filed a timely appeal from a December 15, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0262.

In a letter received March 22, 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. 23-0262 is dismissed.

Issued: June 1, 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

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