United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.M., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Toledo, OH, Employer 

__________________________________________ 

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Docket No. 14-1885 

Issued: January 13, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On August 26, 2014 appellant filed a timely appeal from a May 16, 2014 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). 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 the case. 

ISSUES 

The issues are: (1) whether appellant received an overpayment in compensation in the 

amount of $1,755.19; and (2) whether OWCP properly denied waiver of the overpayment. 

FACTUAL HISTORY 

OWCP accepted that on August 23, 2012 appellant sustained neck, left shoulder, and 

wrist sprains when he dropped to the ground upon hearing gun shots while delivering mail. He 

stopped work that day. The claim was later expanded to include exacerbation of left carpal 

 1

 5 U.S.C. §§ 8101-8193. 
2

tunnel syndrome. Appellant was released to modified duty on August 25, 2012. The employing 

establishment could not accommodate his restrictions and was placed on the periodic 

compensation rolls.2 Effective October 28, 2013, OWCP forwarded $860.64 per compensation 

period to the Ohio child support enforcement agency for court ordered child support.3

 

Appellant returned to full-time, full-duty work on March 19, 2014. The record indicates 

that he received compensation in the amount of $1,869.66 for the period March 9 through 

April 5, 2014. A child support payment of $860.64 was also made for this period, for total 

compensation of $2,730.30 for the period. 

By letter dated April 7, 2014, OWCP issued a preliminary determination that appellant 

received an overpayment of compensation in the amount of $1,755.19 because he continued to 

receive wage-less compensation after his return to work. It explained the calculation of the 

overpayment and found him not at fault in its creation. Appellant was provided an overpayment 

action request form and an overpayment questionnaire. The preliminary determination noted 

that he received net compensation of $1,869.66 plus an $860.64 child support payment, for total 

net compensation of $2,730.30 for this period when he should have received $975.11, which 

yielded an overpayment of compensation in the amount of $1,755.19 for the period March 19 

through April 5, 2014. Appellant was given 30 days to submit a response. 

Appellant did not respond to the preliminary overpayment letter. By decision dated 

May 16, 2014, OWCP finalized the preliminary overpayment decision, finding that he received 

an overpayment in compensation in the amount of $1,755.19 and, while he was found not at 

fault, he was not entitled to waiver of the overpayment because he failed to provide the requested 

information. Repayment was due in full. 

LEGAL PRECEDENT -- ISSUE 1 

Section 8102 of FECA provides that the United States shall pay compensation for the 

disability or death of an employee resulting from personal injury sustained while in the 

performance of duty.4 

Section 8116 of FECA defines the limitations on the right to receive compensation 

benefits. This section of FECA provides that while an employee is receiving compensation, he 

or she may not receive salary, pay or remuneration of any type from the United States, except in 

limited circumstances.5

 Section 10.500 of OWCP’s regulations provide that “compensation for 

 2

 The record indicates that appellant has a separate claim, adjudicated by OWCP under File No. xxxxxx188 that 

was accepted for a left wrist condition. Under that claim he received a schedule award for 41 percent impairment of 

the left arm. The instant claim was adjudicated by OWCP under File No. xxxxxx467. 

3

 In September 2013, appellant was referred to Dr. Richard H. Deerhake, a Board-certified orthopedic surgeon, 

for a second opinion evaluation. In reports dated October 17, 2013, Dr. Deerhake advised that appellant could 

return to his usual job without restrictions. On March 17, 2014 Dr. Paul Eby, an attending physician Board-certified 

in family and occupational medicine, discharged appellant from his care. 

4

 5 U.S.C. § 8102(a). 

5 Id. at § 8116(a); see Danny E. Haley, 56 ECAB 393 (2005). 
3

wage loss due to disability is available only for any periods during which an employee’s workrelated medical condition prevents him or her from earning the wages earned before the workrelated injury.”6

 

ANALYSIS -- ISSUE 1 

The Board finds that appellant received an overpayment in compensation in the amount 

of $1,755.19. The record supports that he returned to work on March 19, 2014, but continued to 

receive wage-loss compensation on the periodic rolls through April 5, 2014. As noted, both 

FECA and implementing regulations of OWCP provide that a claimant may not receive wageloss compensation concurrently with a federal salary or other remuneration.7

 The record 

indicates that appellant received compensation of $1,869.66 for this period. OWCP also 

forwarded a child support payment of $860.64, yielding total compensation of $2,730.30. 

Appellant, however, was only entitled to compensation of $975.11 for this period since he 

returned to work on March 19, 2014. This yielded an overpayment of compensation of 

$1,755.19 for the period in question.8

LEGAL PRECEDENT -- ISSUE 2 

Section 8129 of FECA provides that an overpayment in compensation shall be recovered 

by OWCP unless “incorrect payment has been made to an individual who is without fault and 

when adjustment or recovery would defeat the purpose of FECA or would be against equity and 

good conscience.”9

 Section 10.438 of OWCP’s implementing regulations provide that the 

individual who received the overpayment is responsible for providing information about income, 

expenses and assets as specified by OWCP. This information is needed to determine whether or 

not recovery on an overpayment would defeat the purpose of FECA or be against equity and 

good conscience.10 Failure to submit the requested information within 30 days of the request 

shall result in denial of waiver.11 

 6

 20 C.F.R. § 10.500. 

7

 5 U.S.C. § 8116(a); 20 C.F.R. § 10.500. 

8

 $2,730.30 divided by 28 calendar days times 18 calendar days (when appellant returned to work) yields an 

overpayment of compensation of $1,755.19. 

9

 5 U.S.C. § 8129. 

10 Recovery of an overpayment will defeat the purpose of FECA if such recovery would cause hardship to a 

currently or formerly entitled beneficiary because: (a) the beneficiary from whom OWCP seeks recovery needs 

substantially all of his or her current income (including compensation benefits) to meet current or ordinary and 

necessary living expenses; and (b) the beneficiary’s assets do not exceed a specified amount as determined by 

OWCP from data furnished by the Bureau of Labor Statistics. 20 C.F.R. § 10.436. Recovery of an overpayment is 

considered to be against equity and good conscience when an individual who received an overpayment would 

experience severe financial hardship attempting to repay the debt; and when an individual, in reliance on such 

payments or on notice that such payments would be made, gives up a valuable right or changes his or her position 

for the worse. Id. at § 10.437. 

11 20 C.F.R. § 10.438. 
4

ANALYSIS -- ISSUE 2 

As OWCP found appellant without fault in the creation of the overpayment, waiver must 

be considered and repayment is still required unless adjustment or recovery of the overpayment 

would defeat the purpose of FECA or be against equity and good conscience.12 Appellant, 

however, had the responsibility to provide financial information to OWCP.13

In its preliminary determination dated April 7, 2014, OWCP clearly explained the 

necessity of providing the requested financial information and advised appellant that it would 

deny waiver if he failed to furnish the requested financial information within 30 days. Appellant, 

however, did not submit a completed overpayment questionnaire or otherwise submit financial 

information supporting his income and expenses at any time. As a result, OWCP did not have 

the necessary financial information to determine if recovery of the overpayment would defeat the 

purpose of FECA or if recovery would be against equity and good conscience. Consequently, as 

appellant did not submit the financial information required under section 10.438 of OWCP 

regulations, OWCP properly denied waiver of recovery of the overpayment in compensation in 

the amount of $1,755.19. 

With respect to recovery of the overpayment in compensation, the Board’s jurisdiction is 

limited to reviewing those cases where OWCP seeks recovery from continuing compensation 

benefits under FECA.14 As appellant is no longer receiving wage-loss compensation, the Board 

does not have jurisdiction with respect to the recovery of the overpayment under the Debt 

Collection Act.15

CONCLUSION 

The Board finds that appellant received an overpayment of compensation in the amount 

of $1,755.19 and that OWCP properly denied waiver of the overpayment. 

 12 Supra note 10. 

13 Supra note 11. 

14 Cheryl Thomas, 55 ECAB 610 (2004). 

15 Id. 
5

ORDER 

IT IS HEREBY ORDERED THAT the May 16, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: January 13, 2015 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board