M.T. and Department of the Navy, Military Sealift Command, Norfolk, VA (Board decision, January 25, 2024)

ECAB final decision. The Board granted the worker’s request to dismiss the appeal and did not review OWCP’s decision. Under 20 C.F.R. § 501.6(d), Board orders become final after 30 days; a party may petition for reconsideration within 30 days of issuance unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A worker appealed an October 4, 2023 OWCP decision through counsel. The worker later asked the Board to dismiss the appeal. The Board granted the request and closed its appeal docket. It did not rule on the merits of OWCP’s decision.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(d).
• Outcome: Appeal dismissed at the worker’s request; OWCP decision not reviewed.
• Key point: The Board ended the appeal after the worker requested dismissal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.T., Appellant
)
)
and ) Docket No. 24-0035
)
Issued: January 25, 2024
DEPARTMENT OF THE NAVY, MILITARY )
SEALIFT COMMAND, Norfolk, VA,
)
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 October 19, 2023 appellant, through counsel, filed a timely appeal from an October 4, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0035.

In a letter dated and received January 8, 2024, appellant, through counsel, requested that the appeal be dismissed.

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.
The Board has duly considered the matter and concludes that appellant’s request for the dismissal of the appeal should be granted. 2 Accordingly,

IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 24-0035 is dismissed.

Issued: January 25, 2024
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
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).

2