V.M. and U.S. Postal Service, Church Street Post Office, New York, NY (Board decision, October 31, 2023)

ECAB final decision. The Board granted V.M.'s request to withdraw her 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

V.M. appealed an August 2023 OWCP merits decision to the Board. She then sent a letter asking to withdraw that appeal. The Board granted her request and dismissed the proceeding. The order does not explain or decide the merits of the underlying 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 ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
V.M., Appellant
)
) Docket No. 23-1167
and ) Issued: October 31, 2023
)
U.S. POSTAL SERVICE, CHURCH STREET
)
POST OFFICE, New York, NY, 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 September 13, 2023 appellant filed a timely appeal from an August 15, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-1167.

In a letter dated and received October 17, 2023, appellant requested that the appeal be withdrawn.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. 23-1167 is dismissed.

Issued: October 31, 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