United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

M.W., Appellant 

and 

DEPARTMENT OF THE NAVY, SUPPLY 

DEPARTMENT, Cherry Point, NC, Employer 

__________________________________________ 

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Docket No. 15-507 

Issued: June 18, 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 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On January 7, 2015 appellant filed a timely appeal from a December 17, 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 this case. 

ISSUE 

The issue is whether OWCP met its burden of proof to properly suspend appellant’s 

compensation for failing to submit a Form CA-1032, as requested. 

FACTUAL HISTORY 

On April 18, 1972 appellant, then a 40-year-old supply clerk, filed a traumatic injury 

claim alleging that on November 12, 1969 she sustained a back injury as a result of pulling 25- to 

 1

 5 U.S.C. § 8101 et seq. 
2

35-pound ledgers down from shelves. OWCP accepted the claim for aggravation of degenerative 

disc disease. It paid compensation benefits for total disability beginning in 1972. 

On November 3, 2014 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 must fully answer all 

questions on the Form CA-1032 and return it within 30 days or her benefits would be suspended. 

The letter was sent to appellant’s address of record. Appellant did not respond. 

By decision dated December 17, 2014, OWCP suspended appellant’s compensation 

benefits, effective January 11, 2015, for failing to submit the Form CA-1032, as requested. It 

noted that, if she completed and returned an enclosed copy of the Form CA-1032, 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 

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

manner and at the times the Secretary specifies.2

 

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.3 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.4

ANALYSIS 

On November 3, 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.5

 

 2 Id. at § 8106(b). 

3

 20 C.F.R. § 10.528. 

4 Id.; see also id. at § 10.525. 

5 See J.J., Docket No. 13-1067 (issued September 20, 2013). 
3

The record shows no response until the December 17, 2014 OWCP decision. Based on 

the evidence of record, the Board finds that OWCP properly suspended appellant’s compensation 

benefits effective January 11, 2015 pursuant to 20 C.F.R. § 10.528.6

As noted, appellant’s benefits will be retroactively reinstated when she completes and 

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

CONCLUSION 

The Board finds that OWCP met its burden of proof to properly suspend appellant’s 

compensation benefits for failing to submit information on a Form CA-1032, as required. 

ORDER 

IT IS HEREBY ORDERED THAT the December 17, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: June 18, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board 

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