C.K. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Memphis, Memphis, TN (Board decision, September 6, 2023)

ECAB final decision. The Board granted the appellant’s request to withdraw the appeal and dismissed it 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 prison employee asked to withdraw a pending Board appeal. The Board granted the request and dismissed the appeal. The underlying claim was not decided in this order. The appeal concerned a December 9, 2022 OWCP decision. Her representative requested withdrawal in a letter received July 18, 2023, and the Board granted the request.

Decision snapshot

• Authority: Board appeal procedure, 20 C.F.R. part 501.
• Outcome: Appeal dismissed at the appellant’s request.
• Key point: Withdrawal ends the Board appeal without a ruling on the underlying claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.K., Appellant
)
)
and ) Docket No. 23-0621
)
Issued: September 6, 2023
DEPARTMENT OF JUSTICE, FEDERAL
)
BUREAU OF PRISONS,
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FEDERAL CORRECTIONAL INSTITUTION- )
MEMPHIS, Memphis, TN, Employer
)
_________ )

Appearances: Case Submitted on the Record
Jeremy D. Jenkins, 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 March 24, 2023 appellant, through her representative, filed a timely appeal from a December 9, 2022, merit decision of the Office of Workers’ Compensation Programs (OWCP).
The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0621.

In a letter received July 18, 2023, appellant’s representative requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that appellant’s representative’s request for the withdrawal of the appeal should be granted. 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.
IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 23-0621 is dismissed.

Issued: September 6, 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