P.S. and U.S. Postal Service, Post Office, Bedford Park (Board decision, December 18, 2023)

ECAB final decision dismissing appeal. The Board granted the request to withdraw the appeal and dismissed it without a compensation merits ruling. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal worker appealed an April 26, 2023 OWCP decision. Her attorney later asked to withdraw the appeal. The Board granted the request and dismissed the case without deciding the underlying compensation issue.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.6(d), 501.7(a).
• Outcome: Appeal dismissed at the appellant's request.
• Key point: Withdrawal ended the Board appeal without a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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P.S., Appellant
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and ) Docket No. 23-0805
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Issued: December 18, 2023
U.S. POSTAL SERVICE, POST OFFICE, )
Bedford Park, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
JAMES D. McGINLEY, Alternate Judge

On May 17, 2023 appellant filed an appeal from an April 26, 2023 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0805.

In a letter dated and received August 31, 2023, appellant, through counsel, requested that the appeal be withdrawn.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,

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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 Docket No. 23-0805 is dismissed.

Issued: December 18, 2023
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

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