R.S. and U.S. Postal Service, Hamilton Post Office (Board decision, June 10, 2024)

ECAB final decision. The Board granted the appellant’s withdrawal request and dismissed 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A Hamilton postal worker appealed OWCP’s April 19, 2024 nonmerit decision on April 29, 2024. The Board assigned docket 24-0546 to the appeal. The appellant then sent a letter asking to withdraw it, which the Board received on May 21, 2024. The Board granted withdrawal and dismissed the appeal without ruling on the underlying OWCP decision.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Withdrawal granted; appeal dismissed.
• Key point: The voluntary withdrawal ended the Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
R.S., Appellant
)
)
and ) Docket No. 24-0546
)
Issued: June 10, 2024
U. S. POSTAL SERVICE, HAMILTON POST )
OFFICE, Hamilton, MT, 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 April 29, 2024 appellant filed a timely appeal from an April 19, 2024 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0546.

By letter dated April 30, 2024 and received by the Board on May 21, 2024, appellant requested that the appeal be withdrawn.1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. 24-0546 is dismissed.

Issued: June 10, 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