J.S. and U.S. Postal Service, Pembroke Post Office, Pembroke, MA (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 postal worker asked to withdraw a pending Board appeal. The Board granted the request and dismissed the appeal. It did not review the underlying OWCP decision. The appeal concerned a January 23, 2023 OWCP decision. The worker’s withdrawal letter was received on July 15, 2023; the Board granted it without evaluating that decision.

Decision snapshot

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

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.S., Appellant
)
)
and ) Docket No. 23-0761
) Issued: September 6, 2023
U.S. POSTAL SERVICE, PEMBROKE POST
)
OFFICE, Pembroke, MA, 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 May 2, 2023 appellant filed a timely appeal from a January 23, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0761.

In a letter received July 15, 2023, appellant requested that the appeal be withdrawn.

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. 23-0761 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

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