United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

C.C., Appellant 

and 

U.S. POSTAL SERVICE, MAIN POST OFFICE, 

Island Lake, IL, Employer 

__________________________________________ 

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Docket No. 14-392 

Issued: May 13, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

RICHARD J. DASCHBACH, Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

MICHAEL E. GROOM, Alternate Judge 

On December 9, 2013 appellant filed a timely appeal from a November 25, 20131 merit 

decision of the Office of Workers’ Compensation Programs (OWCP) concerning an 

overpayment of compensation. The Board assigned Docket No. 14-392. 

In a November 25, 2013 decision, OWCP found that appellant received an overpayment 

of compensation in the amount of $735.82 from August 14 through 24, 2013 because he 

continued to receive total disability compensation after his return to work. It further found that, 

although he was without fault in the creation of the overpayment, waiver of recovery of the 

overpayment was not warranted.2

 OWCP stated, “The reasons for this decision are explained in 

 1

 Appellant indicated that he was appealing an October 7, 2013 decision. The Board notes, however, that the 

record does not contain a final decision issued on October 7, 2013. An October 7, 2013 preliminary determination 

that appellant was without fault in the creation of an overpayment of compensation is of record thereby 

demonstrating that the case was in an interlocutory posture as of that date and did not constitute a final adverse 

OWCP decision issued under the Federal Employees’ Compensation Act. See 20 C.F.R. 

§§ 501.2(c)(2) and 501.3(a). 

2

 The Board notes that OWCP also determined that appellant was at fault in the creation of the overpayment 

because “You knowingly accepted a job offer (signed by you) while in receipt of temporary total compensation for 

the period of August 14 to 24, 2013 and returned to work on August 14, 2013; this is considered a dual benefit....” 
2

the enclosed memorandum.” However, the attached memorandum did not contain any 

explanation for why it denied waiver of recovery of the overpayment. 

The Board has duly considered the matter and finds that the record does not contain a 

complete copy of OWCP’s November 25, 2013 decision. As such, the Board cannot review 

OWCP’s basis for denying waiver of recovery of the overpayment. The Board finds, therefore, 

that this case is not in posture for decision as the record before it is incomplete and would not 

permit an informed adjudication of the case by the Board. The case must therefore be remanded 

to OWCP for reconstruction and proper assemblage of the record, to be followed by a de novo

decision on the merits of the claim to protect appellant’s appeal rights. 

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated November 25, 2013 is set aside and the case remanded for further 

proceedings consistent with this order of the Board. 

Issued: May 13, 2014 

Washington, DC 

 

 Richard J. Daschbach, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 Michael E. Groom, Alternate Judge 

 Employees’ Compensation Appeals Board