United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.A., Appellant 

and 

DEPARTMENT OF AGRICULTURE, 

INSPECTION OPERATIONS PROGRAM, 

Athens, GA, Employer 

__________________________________________ 

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Docket No. 14-1996 

Issued: February 5, 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 September 16, 2014 appellant filed a timely appeal from an August 27, 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.2

ISSUES 

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

amount of $1,039.44; and (2) whether OWCP properly denied waiver of the overpayment. 

 1

 5 U.S.C. §§ 8101-8193. 

2 J.T., 59 ECAB 293 (2008); 20 C.F.R. § 501.2(c)(1). Although appellant asserts on appeal that she timely 

submitted the requested documentation to OWCP, the Board’s jurisdiction is limited to reviewing the evidence that 

was before OWCP at the time of its final decision. 
2

On appeal appellant asserts that she timely submitted documentation, including a 

prerecoupment telephone interview request. She requested waiver of the overpayment. 

FACTUAL HISTORY 

On January 30, 2014 appellant, then a 42-year-old consumer safety inspector, filed a 

traumatic injury claim alleging that she slipped and fell on a greasy floor that day, injuring her 

lower and middle back and right leg. She stopped work and OWCP accepted that she sustained 

contusions of the back and the right knee. Appellant received continuation of pay for the period 

January 31 to March 16, 2014 and filed CA-7 forms, claims for compensation, for the period 

March 17 to April 5, 2014. She received compensation and was placed on the periodic 

compensation rolls effective April 6, 2014. 

Appellant returned to full duty without restriction on June 19, 2014. The record indicates 

that she received a periodic payment covering the period June 1 to 28, 2014. In correspondence 

dated June 26, 2014, OWCP noted that a final compensation payment had or shortly would be 

issued that covered the period after her return to work. It directed her to return this payment. 

By letter dated July 2, 2014, OWCP issued a preliminary determination that appellant 

had received an overpayment in compensation in the amount of $1,039.44 for the period June 19 

through 28, 2014 because she continued to receive disability compensation after her return to 

work. It explained the calculation of the overpayment and found her without fault in its creation. 

Appellant was provided an overpayment action request form and an overpayment questionnaire. 

She was allowed 30 days to submit a response. 

Appellant did not respond to the preliminary determination. By decision dated 

August 27, 2014, OWCP finalized the preliminary overpayment decision, finding that appellant 

received an overpayment in compensation in the amount of $1,039.44 and, while she was 

without fault, she was not entitled to waiver of the overpayment because she 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.3

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.4 Section 10.500 of OWCP regulations provide that “compensation for 

wage loss due to disability is available only for any periods during which an employee’s work-

 3

 5 U.S.C. § 8102(a). 

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

related medical condition prevents him or her from earning the wages earned before the workrelated injury.”5

ANALYSIS -- ISSUE 1 

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

of $1,039.44. The record supports that appellant returned to work on June 19, 2014. Appellant 

received a wage-loss compensation payment for the period June 1 through 28, 2014. As noted, 

both FECA and the implementing regulations of OWCP provide that a claimant may not receive 

wage-loss compensation concurrently with a federal salary or other remuneration.6 The record 

indicates that appellant received compensation of $1,039.44 for the period after her return to 

work on June 19, 2014. This yielded an overpayment of compensation in that amount.7

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.”8

 Section 10.438 of OWCP 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.9

 Failure to submit the requested information within 30 days of the request shall 

result in denial of waiver.10

 5

 20 C.F.R. § 10.500. 

6

 5 U.S.C. § 8116(a); id. at § 10.500. 

7

 Appellant’s gross 28-day compensation of $3,481.23, divided by 28- calendar days, yields a $124.33 daily 

compensation rate. This, multiplied by 10-calendar days (compensation received after appellant returned to work), 

yields gross overpaid compensation of $1,243.30. After allowed deductions, a net overpayment of $1,039.44 was 

created. 

8

 5 U.S.C. § 8129. 

9

 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. 20 C.F.R. § 10.437. 

10 Id. at § 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.11 Appellant, 

however, had the responsibility to provide financial information to OWCP12 and did not do so. 

In its preliminary determination dated July 2, 2014, OWCP clearly explained the 

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

deny waiver if she failed to furnish the requested financial information within 30 days. 

Appellant did not submit a completed overpayment questionnaire or otherwise submit financial 

information supporting her income and expenses at any time prior to the August 27, 2014 final 

overpayment decision. Because OWCP did not have the necessary financial information, it 

could not 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, necessary 

to determine her eligibility for waiver, it properly denied waiver of recovery of the overpayment 

in compensation in the amount of $1,039.44.13

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 $1,039.44 and that OWCP properly denied waiver of the overpayment. 

 11 Supra note 9. 

12 Supra note 10. 

13 Id. 

14 Cheryl Thomas, 55 ECAB 610 (2004). 

15 Id.
5

ORDER 

IT IS HEREBY ORDERED THAT the August 27, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: February 5, 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