United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

P.T., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS HEALTH ADMINISRATION, 

PUGET SOUND HEALHTCARE SYSTEM, 

Seattle, WA, Employer 

__________________________________________ 

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Docket No. 16-0673 

Issued: July 18, 2016 

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 February 2, 2016 appellant filed a timely appeal from a January 11, 2016 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 merits of this case. 

ISSUES 

The issues are: (1) whether appellant received a $772.97 overpayment of compensation 

for the period November 8 through 14, 2015, for which he was without fault; and (2) whether 

OWCP properly denied waiver of the recovery of the $772.97 overpayment. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

OWCP accepted that on August 17, 2015 appellant, then a 42-year-old police officer, 

sustained a tear of the medial meniscus of the left knee while in the performance of duty. 

Benefits were paid and authorized, including an October 1, 2015 arthroscopic surgery.2

In a letter dated November 2, 2015, OWCP advised appellant that he would be receiving 

continuing wage-loss compensation on the periodic rolls covering a 28-day period. The first 

regular payment was for the period October 18 through November 14, 2015. Appellant was 

advised that he must notify OWCP immediately upon his return to work and, if he worked for 

any portion of the period covered by a payment, he must return the payment to OWCP. 

Appellant returned to regular full-time work on November 8, 2015. 

An overpayment explanation form dated November 20, 2015 noted that appellant had 

received a net payment of $3,083.78 during the period October 18 through November 14, 2015. 

However, he should have only received a net payment of $2,310.81 for that same period. 

On November 23, 2015 OWCP informed appellant of its preliminary determination that 

he had received an overpayment in compensation for the period November 8 through 14, 2015 in 

the amount of $772.97 for which he was not at fault. It found that appellant was paid on the 

periodic rolls from October 18 through November 14, 2015 when he returned to work on 

November 8, 2015. Appellant was not at fault in the creation of the overpayment as he was not 

aware or could not have been aware that he was not entitled to the payment received. OWCP 

requested that appellant complete an overpayment recovery questionnaire (Form OWCP-20) and 

submit supporting financial documents to assist OWCP in its evaluation of appellant’s eligibility 

for waiver. 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. 

Appellant did not submit any supporting financial documentation relevant to his 

overpayment. 

By decision dated January 11, 2016, OWCP finalized its determination that appellant had 

received an overpayment of compensation in the amount of $772.97 for the period November 8 

through 14, 2015 as he had returned to full-duty work on November 8, 2015, but received 

compensation for the period October 18 through November 14, 2015. It found that he was not at 

fault in the creation of the overpayment, but denied waiver of the overpayment because financial 

documentation was not received. OWCP determined that the overpayment amount of $772.97 

could be repaid in full within 30 days and, if payment was not received within 30 days, then the 

employing establishment would be asked to offset appellant’s salary as an alternate method of 

recovery. 

 2

 Appellant received supplemental roll benefits from October 1 to 17, 2015. 
3

LEGAL PRECEDENT -- ISSUE 1 

Section 8102(a) of FECA provides that the United States shall pay compensation for the 

disability or death of an employee resulting from a personal injury sustained while in the 

performance of his duty.3

 Section 8129(a) of FECA provides, in pertinent part, when an 

overpayment has been made to an individual under this subchapter 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.4

 

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.5

 OWCP regulations provide 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.6 An 

employee is not entitled to compensation for total disability after returning to full-time work.7

 

ANALYSIS -- ISSUE 1 

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

amount of $772.97 for the period November 8 to 14, 2015. The record supports that he 

continued to receive total disability compensation from the date of his return to work on 

November 8 to 14, 2015. For this period, appellant received compensation in the amount of 

$772.97. As he was not entitled to compensation after his return to work, OWCP properly found 

that an overpayment in compensation in the amount of $772.97 had been created.8

 Appellant has 

not challenged the amount or period of the overpayment. 

LEGAL PRECEDENT -- ISSUE 2 

The waiver or refusal to waive an overpayment of compensation by OWCP is a matter 

that rests within OWCP’s discretion pursuant to statutory guidelines.9 These statutory guidelines 

are found in section 8129(b) of FECA which states: Adjustment or recovery of an overpayment 

by the United States may not be made when incorrect payment has been made to an individual 

who is without fault and when adjustment or recovery would defeat the purpose of this 

subchapter or would be against equity and good conscience.10 When a claimant is found to be 

 3 Supra note 1 at § 8102(a). 

4 Id. at § 8129(a). 

5 Id. at § 8116(a); R.H., Docket No. 09-1981 (issued June 11, 2010). 

6

 20 C.F.R. § 10.500. 

7 M.J., Docket No. 09-469 (issued August 24, 2009). 

8

 5 U.S.C. § 8116(a); 20 CFR § 10.500; J.J., Docket No. 14-1649 (issued November 24, 2015). 

9 See Robert Atchison, 41 ECAB 83, 87 (1989). 

10 5 U.S.C. § 8129(b). 
4

without fault in the matter of the overpayment, then, in accordance with section 8129(b), OWCP 

may only recover the overpayment if it determined that recovery of the overpayment would 

neither defeat the purpose of FECA nor be against equity and good conscience. 

Section 10.438 of OWCP’s regulations provides: 

“(a) 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 of an overpayment 

would defeat the purpose of FECA or be against equity and good conscience. 

This information will also be used to determine the repayment schedule, if 

necessary. 

“(b) 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.”11

ANALYSIS -- ISSUE 2 

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

$772.97 for the period of November 8 through 14, 2015 as he was not aware or could not have 

been aware that he was not entitled to the payments received. As OWCP found appellant 

without fault in the creation of the overpayment of compensation, 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.12

OWCP requested in its preliminary notice of overpayment dated November 23, 2015 that 

appellant provide supporting financial documentation and a completed overpayment recovery 

questionnaire to support waiver of recovery. Appellant, however, failed to provide any 

supporting financial information and did not complete an overpayment questionnaire. The 

burden rests with the claimant to show that waiver would defeat the purpose of FECA.13 

Appellant has not alleged and the evidence does not demonstrate that he relinquished a valuable 

right or changed his position for the worse due to the payment of the erroneous amount of 

compensation. Because he has not shown that recovery would defeat the purpose of FECA or 

would be against equity and good conscience, the Board finds that OWCP properly denied 

waiver of recovery of the overpayment. 

On appeal appellant argues that collection of the overpayment would be against equity 

and good conscience based on his current financial status. He requests a reasonable repayment 

plan. As previously discussed, failure to submit the requested financial information within 30 

days of a request from OWCP will result in a denial of a waiver of recovery of the overpayment 

 11 20 C.F.R. § 10.438. 

12 Id. at §§ 10.436, 10.437. 

13 See supra note 8. 
5

and no further requests for waiver will be considered until the information is submitted to 

OWCP.14 

The Board further notes that its jurisdiction is limited to recovery of an overpayment 

where OWCP seeks recovery from compensation under FECA.15

CONCLUSION 

The Board finds that OWCP properly determined that appellant received an overpayment 

of compensation in the amount of $772.97 for the period November 8 through 14, 2015 for 

which he was without fault. The Board further finds that OWCP properly denied waiver of 

recovery for the overpayment. 

ORDER 

IT IS HEREBY ORDERED THAT the January 11, 2016 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: July 18, 2016 

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 

 14 Supra note 11 at § 10.438(b); Robert B. Hutchins, 52 ECAB 344 (2001). 

15 20 CFR § 10.441 provides that when an overpayment has been made to an individual who is entitled to further 

payments, the individual shall refund to OWCP the amount of the overpayment as soon as the error is discovered or 

his or her attention is called to same. If no refund is made, OWCP shall decrease later payments of compensation, 

taking into account the probable extent of future payments, the rate of compensation, the financial circumstances of 

the individual, and any other relevant factors, so as to minimize any hardship