S.C. and Department of Housing and Urban Development, Office of Field Policy and Management, Region III (Board decision, August 20, 2025)
Board grants HUD worker's appeal withdrawal (ECAB 25-0541)
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ECAB final decision. The Board granted the appellant's request to withdraw docket 25-0541 and dismissed the appeal without reviewing the OWCP decision. 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 OWCP decision through counsel. Counsel later sent a letter, received July 15, 2025, asking to withdraw the appeal. The Board granted that request and dismissed the case. It did not decide the underlying merits.
Decision snapshot
- Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
- Outcome: Appeal withdrawn and dismissed; no merits review.
- Key point: The appellant's withdrawal request ended the Board appeal.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
S.C., Appellant
)
)
and ) Docket No. 25-0541
)
Issued: August 20, 2025
DEPARTMENT OF HOUSING & URBAN
)
DEVELOPMENT, OFFICE OF FIELD POLICY )
& 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 JANICE B. ASKIN, Judge
On May 13, 2025 appellant, through counsel, filed a timely appeal from an April 21, 2024 merit decision of the Office of Workers’ Compensation Programs. The Clerk of the Appellate Boards docketed the appeal as No. 25-0541.
By letter dated and received July 15, 2025, appellant, through counsel, requested that the appeal be withdrawn.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. 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.
IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 25-0541 is dismissed.
Issued: August 20, 2025
Washington, DC
Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board
Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board
Janice B. Askin, Judge
Employees’ Compensation Appeals Board
2
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