K.P. and U.S. Postal Service, Atlanta Old National Station (Board decision, March 11, 2026)
Postal worker's appeal dismissed after withdrawal request (ECAB 26-0273)
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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. The Board granted the appellant's request to withdraw and dismissed this appeal without deciding the compensation merits. The order says Board decisions and orders become final 30 days after issuance under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless the 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 postal worker appealed a January 8, 2026 OWCP decision. Through counsel, the worker later asked to withdraw the appeal. The Board granted that request and dismissed the case. It made no ruling on the underlying compensation claim.
Decision snapshot
- Authority: 20 C.F.R. § 501.6(d), concerning when Board orders become final.
- Outcome: Withdrawal granted and appeal dismissed without a merits ruling.
- 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
________
)
K.P., Appellant
)
)
and ) Docket No. 26-0273
) Issued: March 11, 2026
U.S. POSTAL SERVICE, ATLANTA OLD
)
NATIONAL STATION, Atlanta, GA, 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 January 23, 2026 appellant, through counsel, filed a timely appeal from a January 8, 2026 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0273.
In a letter dated February 20, 2026, appellant, through counsel, requested that the appeal be withdrawn.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 withdrawal of the appeal is granted. The appeal docketed as No. 26-0273 is dismissed.
Issued: March 11, 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
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