S.B. and U.S. Postal Service, Dominick V. Daniels Processing and Distribution Center, Kearney, NJ (Board decision, April 13, 2023)

ECAB final decision. The Board granted S.B.’s request to withdraw the appeal and dismissed it. It did not decide the merits of the September 2022 OWCP decision. 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

S.B. had appealed an OWCP merits decision through counsel. Before the Board decided the appeal, counsel submitted a written withdrawal request that the Board received on January 31, 2023. The Board granted that request and dismissed the appeal without a merits ruling.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(d).
• Outcome: Appeal withdrawn and dismissed.
• Key point: A granted withdrawal ended the Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.B., Appellant
)
)
and ) Docket No. 23-0341
) Issued: April 13, 2023
U.S. POSTAL SERVICE, DOMINICK V.
)
DANIELS PROCESSING & DISTRIBUTION
)
CENTER, Kearney, NJ, Employer
)
_________ )

Appearances: Case Submitted on the Record
Thomas R. Uliase, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On January 10, 2023 appellant, through counsel, filed a timely appeal from a September 15, 2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0341.

In a letter dated and received January 31, 2023, counsel requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that counsel’s request for the withdrawal of the appeal should be granted.2 Accordingly,

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. 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).
 IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 23-0341 is dismissed.

Issued: April 13, 2023
Washington, DC

Alec J. Koromilas, 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