United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

I.A., Appellant 

and 

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS, Brooklyn, NY, Employer 

__________________________________________ 

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Docket No. 15-1168 

Issued: November 4, 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 

ALEC J. KOROMILAS, Alternate Judge 

JURISDICTION 

On April 28, 2015 appellant filed a timely appeal from a March 2, 2015 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 this case.2

 

ISSUE 

The issue is whether OWCP properly suspended appellant’s compensation benefits 

effective March 8, 2015 for failure to complete a Form CA-1032 as requested. 

On appeal appellant contends that she may have submitted her paperwork to the wrong 

place. 

                                                             1

 5 U.S.C. § 8101 et seq. 

2

 The Board notes that, following the issuance of the March 2, 2015 OWCP decision, appellant submitted new 

evidence. The Board is precluded from reviewing evidence which was not before OWCP at the time it issued its 

final decision. See 20 C.F.R. § 501.2(c)(1). 
2

FACTUAL HISTORY 

OWCP accepted that on June 27, 2002 appellant, then a 35-year-old correctional 

treatment specialist, suffered a cervical strain and received FECA benefits. Appellant was 

eventually retained on the periodic compensation rolls. 

In a September 8, 2014 letter, OWCP informed appellant that federal regulations required 

her 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 her that she had to fully answer all 

questions on the form and return the statement within 30 days or her benefits would be 

suspended. The letter was mailed to appellant’s address of record. 

On November 6, 2014 OWCP received from appellant a Form CA-1032 dated 

November 1, 2014. Questions 1a and 2a of Part D were incomplete. 

OWCP sent appellant another Form CA-1032 on December 1, 2014 with another 30 days 

to fully complete and return the enclosed form. It advised that failure to submit the fully 

completed Form CA-1032 within the requested time frame would result in her compensation 

benefits being formally suspended until such time the form is submitted. No response was 

received. 

By decision dated March 2, 2015, OWCP suspended appellant’s compensation benefits 

effective March 8, 2015 for failing to complete a Form CA-1032 as requested. It noted that, if 

she completed and returned an enclosed copy of the form, her compensation benefits would be 

restored retroactively to the date they were suspended. 

LEGAL PRECEDENT 

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

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

at the times the Secretary specifies.3 

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.4

 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.5

 

                                                             3

 5 U.S.C. § 8106(b). 

4

 20 C.F.R. § 10.528. See also A.H., Docket No. 15-241 (issued April 3, 2015). 

5 Id.; see also 20 C.F.R. § 10.525. 
3

ANALYSIS 

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

effective March 8, 2015 for failure to complete a Form CA-1032 as requested. 

On September 8, 2014 OWCP provided appellant with a Form CA-1032. It notified her 

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

her employment or earnings. OWCP properly notified her that, if she did not completely answer 

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

record reflects that OWCP’s letter was properly sent to appellant’s address of record.6

 Under the 

mailbox rule, a document mailed in the ordinary course of the sender’s business practices to the 

addressee’s last known address is presumed to be received by the addressee. 

The record shows that appellant submitted a Form CA-1032 dated November 1, 2014. 

However, Questions 1a and 2a of Part D were incomplete. Based on the evidence of record, the 

Board therefore finds that OWCP properly suspended appellant’s compensation benefits 

effective March 8, 2015 pursuant to 20 C.F.R. § 10.528.7

 

On appeal appellant contends that she may have submitted her paperwork to the wrong 

place. As noted, her benefits will be retroactively reinstated when she fully completes and 

submits the Form CA-1032 to OWCP, as mandated by law. 

CONCLUSION 

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

effective March 8, 2015 for failure to complete a Form CA-1032 as requested. 

                                                             6 See Kenneth E. Harris, 54 ECAB 502, 505 (2003); J.J., Docket No. 13-1067 (issued September 20, 2013). 

7 See M.W., Docket No. 15-0507 (issued June 18, 2015). See also James A. Igo, 49 ECAB 189 (1997). 
4

ORDER 

IT IS HEREBY ORDERED THAT the March 2, 2015 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: November 4, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board