T.E. and U.S. Postal Service, New York International Service Center, John F. Kennedy International Airport (Board decision, November 30, 2023)

ECAB final decision dismissing appeal. The Board granted the appellant's withdrawal request and dismissed the appeal without a merits ruling. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. 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 postal worker filed a timely appeal from a September 11, 2023 OWCP merits decision. The worker then asked to withdraw the appeal in a letter dated and received October 26, 2023. The Board granted the request and dismissed the appeal. It did not review the compensation merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.6(d), 501.7(a).
• Outcome: Withdrawal granted and appeal dismissed.
• Key point: The Board ended this appeal at the appellant's request without deciding the underlying claim.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
T.E., Appellant
)
)
and ) Docket No. 23-1183
) Issued: November 30, 2023
U.S. POSTAL SERVICE, NEW YORK
)
INTERNATIONAL SERVICE CENTER, JOHN
)
F. KENNEDY INTERNATIONAL AIRPORT,
)
Jamaica, NY, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On September 21, 2023 appellant filed a timely appeal from a September 11, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-1183.

In a letter dated and received October 26, 2023, appellant requested that the appeal be withdrawn.1

The Board has duly considered the matter and concludes that appellant’s request for the withdrawal of the appeal should be granted. 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. 23-1183 is dismissed.

Issued: November 30, 2023
Washington, DC

Patricia H. Fitzgerald, Deputy 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