R.R. and Department of Veterans Affairs, Pittsburgh VA Medical Center (Board decision, June 10, 2024)

ECAB final decision. The Board granted the appellant’s request to dismiss 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 VA employee appealed OWCP’s April 1, 2024 decision through counsel on May 8, 2024. The Board assigned docket 24-0578 to the appeal. The appellant asked for dismissal in a letter dated and received May 24, 2024. The Board granted the request and dismissed the appeal without reviewing OWCP’s underlying decision.

Decision snapshot

• Authority: Federal Employees’ Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Dismissal request granted; appeal dismissed.
• Key point: The appellant’s request ended this Board appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
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R.R., Appellant
)
)
and ) Docket No. 24-0578
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Issued: June 10, 2024
DEPARTMENT OF VETERANS AFFAIRS,
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PITTSBURGH VA MEDICAL CENTER,
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Pittsburgh, PA, Employer
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__________ )

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 May 8, 2024 appellant, through counsel, filed a timely appeal from an April 1, 2024 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 24-0578.

By letter dated and received on May 24, 2024, appellant requested that the appeal be dismissed.2

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

IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is granted. The appeal docketed as No. 24-0578 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