United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

P.B., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Denver, CO, Employer 

__________________________________________ 

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Docket No. 14-1432 

Issued: October 7, 2014 

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On June 4, 2014 appellant, through his attorney, filed a timely appeal from an April 14, 

2014 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP) denying his 

request for a prerecoupment hearing. Because more than one year has elapsed from the most 

recent merit decision dated September 13, 20001

 to the filing of the appeal on June 4, 2014 and 

pursuant to the Federal Employees’ Compensation Act2 (FECA) and 20 C.F.R. §§ 501.2(c) and 

501.3, the Board lacks jurisdiction to review the merits of this case. 

ISSUE 

The issue is whether OWCP properly denied appellant’s request for a prerecoupment 

hearing as untimely. 

 1

 For final adverse decisions of OWCP issued before November 19, 2008, a claimant had up to one year to file a 

Board appeal. See 20 C.F.R. § 501.3(d)(2) (2008). 

2

 5 U.S.C. §§ 8101-8193. 
2

FACTUAL HISTORY 

On November 9, 1988 appellant, then a 52-year-old food service worker, filed a traumatic 

injury claim alleging that he slipped and fell hitting his chest on the edge of a table top railing on 

November 8, 1988. He stated that he sustained bruised ribs as a result of this incident. OWCP 

accepted appellant’s claim for brachial plexus lesions, synovitis and tenosynovitis on October 26, 

1989 and left ulnar irritation on January 11, 1990. It reduced his compensation benefits based on 

his capacity to earn wages as a self-service gas station attendant on February 27, 1991. By 

decision dated January 27, 1992, OWCP granted appellant a schedule award for five percent 

permanent impairment of his left arm. 

In a letter dated March 12, 1999, OWCP informed appellant of the preliminary 

determination that he had received an overpayment of compensation in the amount of $6,121.42 

due to the death of his dependent. By decision dated September 13, 2000, it waived the recovery 

of this overpayment. 

OWCP made a preliminary finding of overpayment on December 5, 2013 in the amount 

of $8,974.23 because appellant’s compensation payments had not been offset or reduced for a 

portion of his social security retirement benefits earned while in federal service. It found that he 

was not at fault in the creation of the overpayment. OWCP provided appellant with his appeal 

rights noting that he had 30 days to request a prerecoupment hearing before a representative of 

the Branch of Hearings and Review, that he could request a telephone conference or that he 

could request a final decision from the district office. It also provided him with an appeals form 

to complete and submit. 

Appellant requested a prerecoupment hearing on a form received by the Branch of 

Hearings and Review on January 27, 2014. The envelope indicated that the postmark was 

January 22, 2014. Appellant also submitted an overpayment recovery questionnaire and 

additional financial documents. He provided arguments in a narrative statement dated 

January 20, 2014. 

By decision dated April 14, 2014, the Branch of Hearings and Review denied appellant’s 

request for a prerecoupment hearing as untimely. 

LEGAL PRECEDENT 

OWCP regulations on the recovery of overpayments provide that, before collecting the 

overpayment, it must provide the claimant with written notice of the fact and amount of the 

overpayment, the finding of fault, the right to submit evidence challenging the fact, amount or 

finding of fault and the right to request waiver of the overpayment.3 The regulations further 

provide that a claimant may request a prerecoupment hearing with respect to an overpayment.4 

Failure to request the prerecoupment hearing within 30 days shall constitute a waiver of the right 

 3

 20 C.F.R. § 10.431; see also J.J., Docket No. 13-1905 (issued April 8, 2014); A.G., 58 ECAB 625 (2007).

4

 20 C.F.R. § 10.432. 
3

to a hearing.5 The only right to a review of a final overpayment decision is to the Board.6 The 

hearing provisions of 5 U.S.C. § 8124(b) do not apply to a final overpayment decision.7

 

ANALYSIS 

The Board finds that OWCP properly denied appellant’s request for a prerecoupment 

hearing as untimely. OWCP notified him of its preliminary determination that he received an 

overpayment of compensation in a letter dated December 5, 2013. It informed appellant that he 

could request a telephone conference, a prerecoupment hearing or a final decision based on the 

written evidence within 30 days of the date of the letter. OWCP’s implementing regulations are 

specific as to the 30-day time limitation in which to request a prerecoupment hearing. 

Appellant’s request for a prerecoupment hearing was postmarked January 22, 2014 more than 30 

days after OWCP’s notification of overpayment dated December 5, 2013. As provided in 

OWCP regulations, his hearing request was therefore untimely and he waived his right to a 

prerecoupment hearing.8 

CONCLUSION 

The Board finds that OWCP properly denied appellant’s request for a prerecoupment 

hearing as untimely. 

 5 Id., J.J., supra note 2; L.C., 59 ECAB 569 (2008). 

6

 20 C.F.R. § 10.440(b). 

7 Id.; J.J., supra note 2. 

8 J.J., supra note 2. 
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ORDER 

IT IS HEREBY ORDERED THAT the April 14, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: October 7, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board