S.C. and Department of Housing and Urban Development, Region III (Board decision, December 6, 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 HUD employee appealed an August 2024 OWCP decision, then asked the Board through counsel to dismiss the appeal. The Board granted that request. It did not decide the underlying compensation dispute.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal dismissed at appellant's request.
• Key point: The appellant withdrew the appeal before a merits ruling.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.C., Appellant
)
)
and ) Docket No. 24-0911
)
Issued: December 6, 2024
DEPARTMENT OF HOUSING AND URBAN
)
DEVELOPMENT, OFFICE OF FIELD POLICY )
AND MANAGEMENT, REGION III,
)
Philadelphia, PA, Employer
)
__________ )

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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On September 10, 2024 appellant, through counsel, filed a timely appeal from an August 26, 2024 merit decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards assigned Docket No. 24-0911.

By letter dated and received by the Board on October 29, 2024 appellant, through counsel, requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that appellant’s request for the dismissal 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 dismissal of the appeal is granted. The appeal docketed as No. 24-0911 is dismissed.

Issued: December 6, 2024
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

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

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

2