J.B. and U.S. Postal Service, Belmont Post Office (Board decision, February 20, 2024)
Board dismisses appeal at employee’s request (ECAB 24-0051)
Apply this precedent to your situation
This is citable Board precedent from 2024, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
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 postal employee appealed an OWCP nonmerit decision, then sent the Board a written request to withdraw the appeal. The Board granted that request and dismissed the appeal. It did not decide 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- Outcome: Appeal withdrawn and dismissed.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
________
)
J.B., Appellant
)
)
and ) Docket No. 24-0051
)
Issued: February 20, 2024
U.S. POSTAL SERVICE, BELMONT POST )
OFFICE, Belmont, MA, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge
On October 23, 2023 appellant filed a timely appeal from an August 30, 2023 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 24-0051.
In a letter dated December 21, 2023 and received December 28, 2023, appellant requested that the appeal be withdrawn.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. 24-0051 is dismissed.
Issued: February 20, 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
Does this precedent still control your case?
Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace