The Estate of M.A. and U.S. Postal Service, Post Office, Great Bend, KS (Board decision, July 25, 2023)

ECAB final decision. The Board granted counsel's request to dismiss the appeal from OWCP's March 6, 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

The estate of a former postal employee appealed an OWCP decision issued on March 6, 2023. Counsel later asked the Board to dismiss the appeal. The Board granted that request and dismissed the appeal without addressing the underlying compensation decision.

Decision snapshot

• Authority: FECA, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3(a), and 501.7(a).
• Outcome: Appeal dismissed at counsel's request.
• Key point: The Board ended the appeal after granting counsel's dismissal request.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
The Estate of M.A., Appellant
)
)
and ) Docket No. 23-0792
)
Issued: July 25, 2023
U.S. POSTAL SERVICE, POST OFFICE, )
Great Bend, KS, Employer
)
__________ )

Appearances: Case Submitted on the Record
Kenneth W. Wasserman, Esq.
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On May 3, 2023 counsel for appellant filed a timely appeal from a March 6, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0792.

In a letter dated June 30, 2023, and received on July 10, 2023, counsel requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that counsel’s request for the dismissal of the appeal should be granted. Accordingly, IT IS HEREBY ORDERED THAT counsel’s request for the dismissal of the appeal is granted. The appeal docketed as No. 23-0792 is dismissed.

Issued: July 25, 2023
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

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