United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.V., Appellant 

and 

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, Atlanta, GA, Employer 

__________________________________________ 

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Docket No. 15-0140 

Issued: November 25, 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 

COLLEEN DUFFY KIKO, Judge 

JURISDICTION 

On October 27, 2014 appellant filed a timely appeal of an October 15, 2014 merit 

decision of the Office of Workers’ Compensation Programs (OWCP).1

 Pursuant to the Federal 

Employees’ Compensation Act2

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction over the merits of this case. 

ISSUES 

The issues are: (1) whether OWCP properly found that an overpayment of compensation 

in the amount of $2,499.52 had been created because appellant received wage-loss compensation 

for the period August 6 to 23, 2014 after he returned to work; and (2) whether OWCP properly 

denied waiver of recovery of the overpayment. 

 1

 Appellant filed a timely request for oral argument. After exercising its discretion, the Board, by order dated 

April 23, 2015, denied his request as his arguments could be adequately addressed in a decision based on a review of 

the case record. Order Denying Request for Oral Argument, Docket No. 15-140 (issued April 23, 2015). 

2

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On March 21, 2013 appellant, then a 53-year-old transportation section inspection -- 

cargo explosive detection canine handler/inspector, filed a traumatic injury claim alleging that on 

that date he injured his right shoulder when a canine he was rewarding pulled and yanked on a 

toy he held. OWCP accepted the claim for right shoulder and upper arm infraspinatus sprain and 

rotator cuff. It authorized right shoulder arthroscopic surgery, rotator cuff repair surgery, and 

biceps tendon repair, which occurred on February 17, 2014. By letter dated April 24, 2014, 

OWCP placed appellant on the periodic rolls for temporary total disability. 

Appellant completed direct deposit election forms on January 24, 2014 and the record 

reflects that his compensation payments were directly deposited into his bank account. 

Appellant returned to full-time light-duty work on August 6, 2014 and regular duty on 

August 18, 2014. On August 23, 2014 he received a compensation payment for the period 

July 27 to August 23, 2014 in the amount of $4,563.72. 

On August 27, 2014 the employing establishment advised OWCP that appellant had 

returned to a limited-duty position on August 6, 2014 and to full-duty work on August 18, 2014. 

A computer printout sheet dated September 12, 2014 showed that he was entitled to 

$434.30 in premium pay for the period August 6 to 17, 2014. 

On September 12, 2014 OWCP informed appellant of its preliminary determination that 

he had received an overpayment of compensation in the amount of $2,499.52 because he had 

been paid on August 23, 2014 in error for the period August 6 through 23, 2014. It noted that he 

had returned to an eight-hour light-duty job on August 6, 2014 and regular work on August 18, 

2014, but continued to receive compensation for total disability until August 23, 2014. 

OWCP stated that appellant was paid $4,563.72 on August 23, 2014 or $162.99 per day, 

for the 28-day compensation cycle from July 27 to August 23, 2014. In calculating the 

overpayment, it multiplied the daily pay rate of $162.99 times 18 days, the number of days 

between August 6 and 23, 2014, to find the total overpayment compensation received during this 

period of $2,933.82. Next, OWCP determined the amount of premium pay appellant had been 

entitled to for the period between August 6 and 23, 2014. This amount was $434.30. As 

appellant was entitled to $434.30 during this period, OWCP then subtracted the $434.30 from the 

compensation amount of $2,933.82, to find the amount of overpayment to be $2,499.52. It found 

that he was without fault in the creation of the overpayment. OWCP requested that appellant 

complete the enclosed overpayment recovery questionnaire and submit supporting financial 

documents. Additionally, it notified him that, within 30 days of the date of the letter, he could 

request a telephone conference, a final decision based on the written evidence, or a 

prerecoupment hearing. No completed overpayment recovery questionnaire was received by 

OWCP. 

By decision dated October 15, 2014, OWCP finalized the preliminary determination that 

an overpayment of compensation in the amount of $2,499.52 had been created during the period 
3

August 6 to 23, 2014 and that appellant was not at fault in creating the overpayment. It denied 

wavier of recovery of the overpayment as he had not submitted any evidence to justify waiver. 

LEGAL PRECEDENT -- ISSUE 1 

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.3

 20 C.F.R. § 10.500 provides that compensation for wage loss due to 

disability is available only for any periods during which an employee’s work-related medical 

condition prevents him or her from earning the wages earned before the work-related injury. 

ANALYSIS -- ISSUE 1 

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

of $2,499.52 because he had been paid in error for the period August 6 through 23, 2014. 

Appellant returned to an eight-hour limited-duty job on August 6, 2014, resumed full-duty work 

on August 18, 2014, but continued to receive compensation for disability from OWCP through 

August 23, 2014. As he received full-time wages for an eight-hour position job for the period 

August 6 to 23, 2014, he was not entitled to disability compensation from OWCP for this same 

period. Therefore, appellant received an overpayment of compensation. 

In calculating the amount of overpayment, OWCP determined the amount of 

compensation appellant received between August 6 and 23, 2014. It offset the amount of 

compensation he received during this time period by the amount of premium pay he should have 

received while performing light-duty work for the period August 6 to 17, 2014. The record 

reflects that appellant was entitled to an additional $434.30 for premium pay. In C.D.,4 a 

factually similar case, the Board found that OWCP properly offset the amount of the 

overpayment for the period May 28 through December 31, 2010 by an underpayment of 

compensation based on an incorrect pay rate during the period May 28 to July 3, 2010. As in 

C.D., the calculation involved in determining the amount of overpayment was a recalculation of 

the amount of compensation appellant should have received during the period in question. It did 

not involve an impermissible offset by a future5

 or retroactive entitlement.6 The record reflects 

that on August 29, 2014 OWCP determined that appellant had been entitled to premium pay for a 

portion of the overpayment amount. The Board finds that OWCP properly determined that 

appellant had received an overpayment of compensation in the amount of $2,499.52 for the 

period August 6 to 23, 2014 ($2,933.82 - $434.30). 

 3

 5 U.S.C. § 8116(a). 

4

 Docket No. 11-1095 (issued November 9, 2011). 

5 See Michael A. Grossman, 51 ECAB 673 (2000). 

6 See B.T., Docket No. 13-1619 (February 24, 2014). 
4

LEGAL PRECEDENT -- ISSUE 2 

When an overpayment of compensation has been made because of an error of fact or law, 

adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing 

later payments to which an individual is entitled.7 OWCP may consider waiving an overpayment 

only if the individual to whom it was made was not at fault in accepting or creating an 

overpayment.8 

The individual who received the overpayment is responsible for providing information 

about income, expenses, and assets as specified by OWCP. This information is necessary to 

determine whether an overpayment should be waived. This information will also be used to 

determine the repayment schedule, if necessary. Failure to submit the requested information 

within 30 days of the request shall result in denial of waiver and no further request for waiver 

shall be considered until the requested information is furnished.9 

ANALYSIS -- ISSUE 2 

OWCP determined that appellant was without fault in the creation of an overpayment of 

compensation in the amount of $2,499.52 for the period August 6 through 23, 2014. In its 

preliminary determination of overpayment dated September 12, 2014, it requested that he 

provide financial information and a completed overpayment recovery questionnaire if he wished 

to request waiver of the overpayment. Appellant failed to provide any financial information or a 

completed overpayment questionnaire form for OWCP to determine whether waiver of the 

overpayment was appropriate. Because he failed to submit the requested information within 30 

days, OWCP had no discretion in the matter; the law required a denial of waiver.10 OWCP 

regulations mandate that the failure to submit requested information results in the denial of 

waiver of the overpayment.11 Thus, it properly denied appellant’s request for waiver of recovery 

of the overpayment. 

CONCLUSION 

The Board finds that OWCP properly found that an overpayment of compensation in the 

amount of $2,499.52 had been created. The Board further finds that OWCP properly denied 

waiver of recovery of the overpayment. 

 7

 5 U.S.C. § 8129(a). 

8

 20 C.F.R. § 10.433(a). 

9 Id. at § 10.438. 

10 Supra note 4. 

11 20 C.F.R. § 10.438(b).
5

ORDER 

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

Compensation Programs dated October 15, 2014 is affirmed. 

Issued: November 25, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board