G.P. and Department of the Treasury, Internal Revenue Service, Oakland, CA (Board decision, September 5, 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

An IRS employee asked to withdraw a pending Board appeal. The Board granted the request and dismissed the appeal without deciding the underlying OWCP claim. The appeal concerned a March 21, 2023 OWCP decision. The worker requested withdrawal in a letter received August 2, 2023, and the Board granted it.

Decision snapshot

• Authority: Board appeal procedure, 20 C.F.R. part 501.
• Outcome: Appeal dismissed at the appellant’s request.
• Key point: Withdrawal closes an appeal without resolving the claim merits.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
G.P., Appellant
)
)
and ) Docket No. 23-0864
) Issued: September 5, 2023
DEPARTMENT OF THE TREASURY,
)
INTERNAL REVENUE SERVICE,
)
Oakland, CA, 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 June 9, 2023 appellant filed a timely appeal from a March 21, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-0864.

In a letter dated July 26, 2023, and received August 2, 2023, appellant requested that the appeal be withdrawn.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. 23-0864 is dismissed.

Issued: September 5, 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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