E.S. and U.S. Postal Service, Weirton Post Office (Board decision, January 14, 2026)
Board dismisses withdrawn postal worker appeal (ECAB 26-0022)
Apply this precedent to your situation
This is citable Board precedent from 2026, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
ECAB final decision dismissing appeal. The Board granted the request to withdraw the appeal and dismissed it without a compensation merits ruling. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).
Plain-English summary
A postal worker appealed a September 18, 2025 OWCP decision. The worker later requested withdrawal, and the Board granted it. This order ends the Board appeal without deciding whether OWCP correctly resolved the compensation claim.
Decision snapshot
- Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
- Outcome: Appeal dismissed at the appellant’s request.
- Key point: Withdrawal ended Board review without a merits ruling.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
E.S., Appellant
)
)
and ) Docket No. 26-0022
)
Issued: January 14, 2026
U.S. POSTAL SERVICE, WEIRTON POST )
OFFICE, Weirton, WV, Employer
)
__________ )
Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL
Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge
On October 20, 2025 appellant, through counsel, filed a timely appeal from a September 18, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26 -0022.
In a letter received by the Clerk of the Appellate Boards on December 8, 2025, appellant, through counsel, requested that the appeal be withdrawn.
The Board, having duly considered this matter, 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. 26-0022 is dismissed.
Issued: January 14, 2026
Washington, DC
Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board
Janice B. Askin, Judge
Employees’ Compensation Appeals Board
Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board
2
Does this precedent still control your case?
Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace