R.J. and U.S. Postal Service, Post Office, Hazelwood, MO (Board decision, September 5, 2023)

ECAB final decision. The Board granted the appellant’s request to dismiss the appeal. It did not decide the underlying claim. 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

A postal worker asked the Board to dismiss a pending appeal. The Board granted the request and closed the appeal without reviewing the merits. The appeal concerned a July 10, 2023 OWCP decision. Counsel requested withdrawal in a letter received August 15, 2023, and the Board granted the request.

Decision snapshot

• Authority: Board appeal procedure, 20 C.F.R. part 501.
• Outcome: Appeal dismissed at the appellant’s request.
• Key point: A voluntary dismissal ends the appeal without a merits decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.J., Appellant
)
)
and ) Docket No. 23-1044
)
Issued: September 5, 2023
U.S. POSTAL SERVICE, POST OFFICE, )
Hazelwood, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On August 2, 2023 appellant, through counsel, filed a timely appeal from a July 10, 2023, merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 23-1044.

In a letter dated and received August 15, 2023, counsel requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that counsel’s request for the dismissal of the appeal should be granted. 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.
IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 23-1044 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

2