J.P. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Ferndale, WA (Board decision, October 30, 2023)

ECAB final decision. The Board granted J.P.'s request to withdraw his appeal and dismissed it without deciding the underlying OWCP compensation 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

J.P. appealed a June 2023 OWCP merits decision to the Board. He later sent a letter asking to withdraw the appeal. The Board granted his request and dismissed the proceeding. The order does not decide the merits of his compensation claim.

Decision snapshot

• Authority: Board order finality under 20 C.F.R. § 501.6(d).
• Outcome: Withdrawal granted; appeal dismissed.
• Key point: The Board closed the appeal at the appellant's request without a merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.P., Appellant
)
)
and ) Docket No. 23-1004
) Issued: October 30, 2023
DEPARTMENT OF HOMELAND SECURITY,
)
U.S. CUSTOMS AND BORDER PROTECTION,
)
U.S. BORDER PATROL, Ferndale, WA,
)
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 VALERIE D. EVANS-HARRELL, Alternate Judge

On July 24, 2023 appellant filed a timely appeal from a June 22, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-1004.

In a letter dated and received October 17, 2023, appellant requested that the appeal be withdrawn.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. 1 Accordingly,

1
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 withdrawal of the appeal is granted. The appeal docketed as No. 23-1004 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