N.A. and U.S. Postal Service (Board decision, September 27, 2024)

ECAB final decision. The Board granted the employee's withdrawal request and dismissed the appeal. This dismissal ends the Board appeal; it does not decide the underlying compensation claim. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A postal employee appealed a January 29, 2024 OWCP merit decision. Her representative later asked to withdraw the appeal. The Board granted the request and dismissed the appeal without deciding the claim merits.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Withdrawal granted; Board appeal dismissed.
• Key point: The Board closed the appeal at the appellant's request.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
N.A., Appellant
)
)
and
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)
Docket No. 24-0720
U.S. POSTAL SERVICE, ) Issued: September 27, 2024
CHICAGO CESAR CHAVEZ STATION,
)
Chicago, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Samantha Hartwig, for the appellant1
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On June 24, 2024 appellant, through her representative, filed a timely appeal from a January 29, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0720.

By letter dated September 4, 2024, appellant requested that her appeal be withdrawn.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. 24-0720 is dismissed.

Issued: September 27, 2024
Washington, DC

Patricia H. Fitzgerald, Deputy 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