United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

N.M., Appellant 

and 

SMALL BUSINESS ADMINISTRATION, 

OFFICE OF DISASTER PERSONNEL, 

Atlanta, GA, Employer 

__________________________________________ 

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Docket No. 14-954 

Issued: September 26, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

On March 20, 2014 appellant filed a timely appeal of a February 25, 2014 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). The Board docketed the appeal as 

No. 14-954. Pursuant to the Federal Employees’ Compensation Act1 (FECA) and 20 C.F.R. 

§§ 501.2(c) and 501.3, the Board has jurisdiction over the merits of this case. 

Appellant filed a claim for benefits on February 15, 2013, which was accepted for tibia 

fracture and fibula fracture. Appellant stopped work on the date of injury. He began receiving 

compensation for temporary total disability and was placed on the periodic rolls. By letter dated 

January 23, 2014, OWCP made a preliminary finding that an overpayment in the amount of 

$10,010.11 had occurred because appellant was paid an incorrect pay rate during the period 

April 1 to December 3, 2013. It further found that appellant was without fault in its creation. 

The Board has duly considered the matter and notes that in the case of William A. 

Couch,

2

 the Board held that, when adjudicating a claim, OWCP is obligated to consider all 

 1

 5 U.S.C. § 8101 et seq. 

2

 41 ECAB 548 (1990). 
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evidence properly submitted by a claimant and received by OWCP before the final decision is 

issued. In the present case, OWCP received a February 24, 2014 response from appellant to its 

January 23, 2014 preliminary overpayment notice in which he requested a telephonic conference 

to address waiver of the overpayment. Appellant also submitted a cover letter in which he 

requested waiver of the overpayment due to financial hardship. 

While OWCP is not required to list every piece of evidence submitted to the record, the 

record is clear that the statement and financial documents appellant submitted, received by 

OWCP on February 24, 2014, were not reviewed. In its February 25, 2014 decision, OWCP 

finalized the January 23, 2014 preliminary determination that an overpayment had occurred and 

denied waiver of the overpayment. It stated that no response had been received to the 

preliminary decision when in fact the record reflects that OWCP received appellant’s response 

on February 24, 2014. For this reason, the case will be remanded to OWCP to enable it to 

properly consider appellant’s response and all the evidence submitted prior to the issuance of the 

February 25, 2014 decision. Following further development as the OWCP deems necessary, it 

shall issue an appropriate decision on the merits. 

IT IS HEREBY ORDERED THAT the February 25, 2014 decision of the Office of 

Workers’ Compensation Programs is set aside; the case record is remanded to OWCP for further 

proceedings consistent with this order of the Board. 

Issued: September 26, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board