J.W. and U.S. Postal Service, Post Office, Nashville, TN (Board decision, January 9, 2024)

ECAB final decision. The Board granted the claimant's request to withdraw this appeal and dismissed it. The Board made no ruling on OWCP's underlying January 4, 2023 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 postal employee appealed an OWCP decision issued January 4, 2023. The Board received the employee's request to withdraw the appeal on January 2, 2024. It granted that request and dismissed the Board case without considering the OWCP decision's merits.

Decision snapshot

• Authority: Board procedure for withdrawal of an appeal.
• Outcome: Withdrawal granted; Appeal No. 23-0791 dismissed.
• Key point: The claimant ended the Board appeal before a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
and ) Docket No. 23-0791
)
Issued: January 9, 2024
U.S. POSTAL SERVICE, POST OFFICE, )
Nashville, TN, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge

On May 12, 2023 appellant filed a timely appeal from a January 4, 2023 merit decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0791.

By an undated letter received January 2, 2024, appellant requested that the appeal be withdrawn.

The Board has duly considered this 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 this appeal is granted. The appeal docketed as No. 23-0791 is dismissed.

Issued: January 9, 2024
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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