United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.G., Appellant 

and 

DEPARTMENT OF THE INTERIOR, 

BLACKFEET AGENCY, Browning, MT, 

Employer 

__________________________________________ 

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Docket No. 15-1552 

Issued: December 8, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

VALERIE D. EVANS-HARRELL, Alternate Judge 

JURISDICTION 

On July 13, 2015 appellant filed a timely appeal from a January 21, 2015 merit decision 

and a June 11, 2015 nonmerit 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 this case.2

 

ISSUES 

The issues are: (1) whether OWCP properly suspended appellant’s compensation for 

failing to properly complete a Form CA-1032, as requested; and (2) whether OWCP properly 

denied his request for an oral hearing as untimely under 5 U.S.C. § 8124. 

 1

 5 U.S.C. § 8101 et seq. 

2

 By decision dated March 30, 2015, OWCP finalized the reduction of appellant’s compensation benefits effective 

April 5, 2015 based on his capacity to earn wages as a van driver. As appellant has not appealed OWCP’s 

March 30, 2015 decision, the Board will not review that decision. See 20 C.F.R. § 501.3. 
2

FACTUAL HISTORY 

On August 23, 1994 appellant, then a 33-year-old firefighter, filed a traumatic injury 

claim (Form CA-1) alleging that he injured his left knee in the performance of duty. OWCP 

accepted the claim for derangement of medial meniscus, left knee and paid benefits, including a 

left knee arthroscopy of October 1994 and a left total knee replacement. Appellant was placed 

on the periodic rolls to receive wage-loss benefits.3 

On May 15, 2014 OWCP informed appellant that federal regulations required him to 

make an affidavit relative to any earnings or employment during the previous year and that a 

Form CA-1032 was enclosed for that purpose. It notified him that he had to fully answer all 

questions on the Form CA-1032 and return the statement within 30 days or his benefits would be 

suspended. The letter was sent to appellant’s last known address. 

On June 13, 2014 OWCP received a partially completed Form CA-1032 from appellant 

dated June 2, 2014.4

 On June 25, 2014 it notified him of the deficiencies in his form and 

afforded him 10 days from the date of the letter to make the corrections and return the form to 

OWCP. OWCP further notified appellant that any failure on his part to comply would result in 

suspension of his benefits pursuant to 20 C.F.R. § 10.528. Appellant did not respond. 

By decision dated January 21, 2015, OWCP suspended appellant’s compensation 

benefits, effective February 8, 2015, for failing to submit the Form CA-1032 as requested. It 

noted that if he completed and returned an enclosed copy of the Form CA-1032 his 

compensation benefits would be restored retroactively to the date they were suspended. 

On May 19, 2015 OWCP received appellant’s May 13, 2015 request for a telephonic 

hearing before an OWCP hearing representative. The request was postmarked May 13, 2015. 

By decision dated June 11, 2015, OWCP denied appellant’s request for an oral hearing 

without a merit review as it was untimely. It considered his request within its discretion, but 

found that his case could be addressed equally well by a request for reconsideration and the 

submission of evidence showing that he completed and submitted the Form CA-1032 as 

requested by OWCP. 

 3

 By decision dated November 18, 1996, OWCP issued appellant a schedule award for 16 percent permanent 

impairment of the left leg. By decision dated March 12, 1998, it issued an award for an additional 10 percent 

permanent impairment of the left leg. On December 5, 2003 the Board affirmed OWCP’s November 18, 2002 

decision which found that the position of deli clerk represented appellant’s wage-earning capacity. By decision 

dated April 10, 2007, OWCP found appellant had a total 38 percent left lower extremity permanent impairment. 

Appellant filed a claim for recurrence of total disability on February 22, 2008. This recurrence claim was accepted 

on September 29, 2008 and appellant again received temporary total disability benefits as of September 29, 2008 on 

the periodic rolls. By decision dated March 30, 2015, OWCP reduced appellant’s wage-earning capacity on the 

basis that he had the capacity to earn wages as a van driver. Appellant has not appealed the March 30, 2015 

decision to the Board. 

4

 Appellant failed to answer whether he had worked for any employer during the past 18 months; whether he was 

self-employed or involved in any business enterprise in the past 15 months; and had only partially completed the 

questions under Part D -- Other Federal Benefits or Payments. 
3

LEGAL PRECEDENT -- ISSUE 1 

FECA authorizes the Secretary of Labor to require a partially disabled employee to report 

his or her earnings from employment or self-employment, by affidavit or otherwise, in the 

manner and at the times the Secretary specifies.5

 

Under section 10.528 of OWCP’s implementing federal regulations, an employee in 

receipt of compensation benefits must complete an affidavit as to any work or activity indicating 

an ability to work which the employee has performed for the prior 15 months.6

 If an employee 

who is required to file such a report fails to do so within 30 days of the date of the request, his or 

her right to compensation for wage loss is suspended until OWCP receives the requested report. 

At that time, OWCP will reinstate compensation retroactive to the date of suspension if the 

employee remains entitled to compensation.7

ANALYSIS -- ISSUE 1 

On October 7, 2014 OWCP provided appellant with a Form CA-1032. It notified him 

that federal regulations required him to complete the form and answer all questions concerning 

his employment or earnings. OWCP properly notified him that if he did not completely answer 

all questions and return the statement within 30 days, his benefits would be suspended. The 

record reflects that OWCP’s letter was properly sent to appellant’s last known address.8 The 

record does not establish that he responded prior to the January 21, 2015 OWCP decision 

suspending his benefits. Based on the evidence of record, the Board finds that OWCP properly 

suspended appellant’s compensation benefits effective February 8, 2015 pursuant to 20 C.F.R. 

§ 10.528.9

LEGAL PRECEDENT -- ISSUE 2 

Section 8124(b) of FECA provides that a claimant not satisfied with a decision of the 

Secretary is entitled, on request made within 30 days after the date of the issuance of the 

decision, to a hearing on his claim before a representative of the Secretary.10 Section 10.615 of 

the federal regulations implementing this section of FECA provides that a claimant shall be 

afforded a choice of an oral hearing or a review of the written record.11 The request must be sent 

within 30 days (as determined by postmark or other carrier’s date marking) of the date of the 

 5

 5 U.S.C. § 8106(b). 

6

 20 C.F.R. § 10.528. 

7 Id.; see also id. at § 10.525. 

8 See J.J., Docket No. 13-1067 (issued September 20, 2013). 

9 J.J., Docket No. 09-1724 (issued March 1, 2010). See also James A. Igo, 49 ECAB 189 (1997). 

10 5 U.S.C. § 8124(b)(1). 

11 20 C.F.R. § 10.615. 
4

decision for which a hearing is sought.12 A claimant is entitled to a hearing or review of the 

written record as a matter of right if the request is filed within 30 days.13 

While a claimant may not be entitled to a hearing or review of the written record as a 

matter of right if the request is untimely, OWCP has the discretionary authority to grant the 

request and must properly exercise such discretion.14 

ANALYSIS -- ISSUE 2 

In a decision dated January 21, 2015, OWCP suspended appellant’s compensation 

benefits as of February 8, 2015 as he had not fully completed the Form CA-1032. The record 

indicates that appeal rights accompanied the decision. Appellant requested an oral telephonic 

hearing in an appeal form postmarked May 13, 2015. By decision dated June 11, 2015, OWCP 

denied his request for an oral hearing as untimely under section 8124 of FECA. 

The 30-day time period for determining the timeliness of appellant’s request for oral 

hearing began on January 22, 2015 and ended 30 days later. As appellant’s request for an oral 

hearing was postmarked May 13, 2015, he was not entitled to an oral hearing as a matter of right 

as his request was untimely. 

OWCP has the discretionary power to grant a hearing or review of the written record 

when a claimant is not entitled to a hearing or review as a matter of right. It properly exercised 

its discretion by stating that it had considered the matter in relation to the issue involved and 

denied appellant’s request for an oral hearing because the case could be resolved by submitting 

additional evidence to OWCP with a reconsideration request. The Board has held that the only 

limitation on OWCP’s discretionary authority is reasonableness. An abuse of discretion is 

generally shown through proof of manifest error, clearly unreasonable exercise of judgment, or 

actions taken which are contrary to both logic and probable deduction from established facts.15 

In this case, the evidence of record does not establish that OWCP committed any action in 

connection with its denial of appellant’s request for an oral hearing which could be found to be 

an abuse of discretion. Consequently, OWCP properly denied his request for an oral hearing as 

untimely under section 8124 of FECA. 

CONCLUSION 

The Board finds that OWCP properly suspended appellant’s compensation benefits for 

failing to submit information on a Form CA-1032, as required. Furthermore, the Board finds that 

OWCP properly denied appellant’s request for an oral hearing as untimely. 

 12 Id. at § 10.616(a). 

13 See Leona B. Jacobs, 55 ECAB 753 (2004). 

14 20 C.F.R. § 10.616(b); Federal (FECA) Procedure Manual, Part 2 -- Claims, Hearings and Reviews of the 

Written Record, Chapter 2.1601.4(a) (October 2011). 

15 See L.W., 59 ECAB 471 (2008). 
5

ORDER 

IT IS HEREBY ORDERED THAT the June 11 and January 21, 2015 decisions of the 

Office of Workers’ Compensation Programs are affirmed. 

Issued: December 8, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Valerie D. Evans-Harrell, Alternate Judge 

 Employees’ Compensation Appeals Board