R.R. and Department of Veterans Affairs, Pittsburg VA Medical Center (Board decision, February 15, 2024)

ECAB final decision. The Board granted the employee’s request to withdraw the appeal. 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 VA employee appealed an October 2023 OWCP decision through counsel. The employee later asked the Board in writing to withdraw the appeal. The Board granted the request and dismissed the appeal without deciding the compensation issue.

Decision snapshot

• Authority: 5 U.S.C. § 8101 et seq.
• Outcome: Appeal withdrawn and dismissed.
• Key point: The appellant’s withdrawal ended the Board proceeding.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.R., Appellant
)
)
and ) Docket No. 24-0045
)
Issued: February 15, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
PITTSBURG VA MEDICAL CENTER,
)
Pittsburgh, PA, 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 October 27, 2023 appellant, through counsel, filed a timely appeal from an October 12, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0045.

In a letter dated and received January 5, 2024, appellant, through counsel, requested that the appeal be withdrawn.

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 withdrawal of the appeal should be granted. 2 Accordingly,

IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 24-0045 is dismissed.

Issued: February 15, 2024
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
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