L.B. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA (Board decision, January 25, 2024)

ECAB final decision. The Board granted the worker’s request to withdraw the appeal and dismissed its docket without reviewing 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 August 16, 2023 OWCP decision through counsel. The worker later asked to withdraw the appeal. The Board granted that request and dismissed the docket. It did not decide the merits of OWCP’s ruling.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(d).
• Outcome: Appeal withdrawn at the worker’s request and dismissed.
• Key point: The Board ended the appeal after the worker requested withdrawal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.B., Appellant
)
)
and ) Docket No. 24-0123
) Issued: January 25, 2024
DEPARTMENT OF THE TREASURY,
)
INTERNAL REVENUE SERVICE,
)
Philadelphia, PA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Thomas R. Uliase, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On November 22, 2023 appellant, through counsel, filed a timely appeal from an August 16, 2023 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0123.

In a letter dated December 22, 2023, appellant, through counsel, requested that the appeal be withdrawn.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. 2 Accordingly,

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. 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).
IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 24-0123 is dismissed.

Issued: January 25, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

2