United States Department of Labor

Employees’ Compensation Appeals Board

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M.S., Appellant

and

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS, FEDERAL CORRECTIONAL 

INSTITUTION LA TUNA, El Paso, TX, 

Employer

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Docket No. 18-1107

Issued: December 28, 2018

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 8, 2018 appellant filed a timely appeal from a February 27, 2018 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 to 

consider the merits of this case.2

 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that appellant submitted additional evidence on appeal. However, the Board’s Rules of Procedure

provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the 

time of the final decision. Evidence not before OWCP will not be considered by the Board for the first time on 

appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first 

time on appeal. Id. 
2

ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation 

benefits, effective March 4, 2018, for failure to complete an EN1032 form as requested.

FACTUAL HISTORY

On June 10, 2004 appellant, then a 77-year-old teacher, filed a traumatic injury claim 

(Form CA-1) alleging that she injured her lower back and right hip because inmates had tampered 

with the height of her desk chair, which caused her to fall onto her chair while in the performance 

of duty. OWCP accepted that appellant sustained a work-related lumbar strain and paid her wageloss compensation on the periodic rolls as of September 24, 2004.

By a January 12, 2018 Form CA-1032, dated January 12, 2018, OWCP informed appellant

that federal regulations required her to attest to any earnings or employment during the previous 

15 months. It notified appellant that she was required to fully answer all questions on the enclosed

EN1032 form and return it within 30 days or her benefits would be suspended. The letter was

mailed to appellant’s address of record. However, no response was received by OWCP.

By decision dated February 27, 2018, OWCP suspended appellant’s compensation 

benefits, effective March 4, 2018, for failing to complete the EN1032 form 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

Section 8106(b) of 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.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 C.C., Docket No. 17-0043 (issued June 15, 2018); A.H., Docket No. 15-0241 (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 wage-loss compensation 

benefits, effective March 4, 2018, for failure to complete an EN1032 form. 

On January 12, 2018 OWCP provided appellant with an EN1032 form. It notified her that 

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

employment or earnings for the prior 15 months. OWCP properly notified her that, if she did not 

completely answer all of the 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 and there is no indication that it was returned as undeliverable.

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 indicates that appellant failed to timely submit the EN1032 form within 30 

days.7 Appellant was receiving wage-loss compensation and she was therefore required to 

complete the EN1032 form. Her failure to file an EN1032 form within 30 days resulted in the 

suspension of compensation until OWCP received the completed form. Thus, the Board finds that 

OWCP properly suspended appellant’s compensation benefits, effective March 4, 2018, pursuant 

to 20 C.F.R. § 10.528.

CONCLUSION

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

effective March 4, 2018, for failure to complete an EN1032 form as requested.

 

6 See C.C., supra note 4; Kenneth E. Harris, 54 ECAB 502, 505 (2003); J.J., Docket No. 13-1067 (issued 

September 20, 2013).

7 C.C., supra note 4; I.S., Docket No. 15-0800 (issued July 7, 2015).
4

ORDER

IT IS HEREBY ORDERED THAT the February 27, 2018 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: December 28, 2018

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board