A.H. and U.S. Postal Service, Post Office, Bolivar, MO (Board decision, October 30, 2023)

ECAB final decision. The Board granted A.H.'s counsel's request to dismiss the appeal and closed the Board proceeding without ruling on the underlying OWCP merits decision. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. 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.H. appealed a June 2023 OWCP merits decision to the Board. His lawyer later asked the Board to dismiss the appeal. The Board granted the request and dismissed the proceeding. The order does not decide the underlying compensation question.

Decision snapshot

• Authority: Board order finality under 20 C.F.R. § 501.6(d).
• Outcome: Counsel's dismissal request granted; appeal dismissed.
• Key point: The Board ended the appeal at counsel's request without a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.H., Appellant
)
)
Docket No. 23-0953
and ) Issued: October 30, 2023
)
U.S. POSTAL SERVICE, POST OFFICE, )
Bolivar, MO, 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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On July 10, 2023 appellant through counsel, filed a timely appeal from a June 14, 2023, merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0953.

In a letter dated and received October 12, 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. 2 Accordingly,

1
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.
2
The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance. 20 C.F.R. § 501.6(d).
IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 23-0953 is dismissed.

Issued: October 30, 2023
Washington, DC

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

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

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

2