C.C. and U.S. Postal Service, Post Office, Albany, NY (Board decision, September 5, 2023)

ECAB final decision. The Board granted the appellant’s request to dismiss her appeal without a merits ruling. 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 postal worker appealed OWCP’s January 4, 2023 decision in March. In a letter dated June 23 and received August 7, she requested dismissal of the appeal. The Board granted her request and dismissed the appeal. It did not decide the underlying claim.

Decision snapshot

• Authority: Board appeal procedure, 20 C.F.R. part 501.
• Outcome: Appeal dismissed at the appellant’s request.
• Key point: A voluntary dismissal closes the appeal without a merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.C., Appellant
)
)
and ) Docket No. 23-0562
) Issued: September 5, 2023
U.S. POSTAL SERVICE, POST OFFICE,
)
Albany, NY, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On March 1, 2023 appellant filed a timely appeal from a January 4, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0562.

In a letter dated June 23, 2023 and received August 7, 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. 23-0562 is dismissed.

Issued: September 5, 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