United States Department of Labor

Employees’ Compensation Appeals Board

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M.K., Appellant

and

DEPARTMENT OF HEALTH & HUMAN 

SERVICES, Rockville, MD, Employer

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Docket No. 18-0714

Issued: February 5, 2019

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

On January 30, 2018 appellant filed a timely appeal from an August 2, 2017 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). The Board docketed the appeal as 

No. 18-0714.

The Board has duly considered the matter and finds that the case must be remanded to 

OWCP. 

On July 3, 2017 OWCP issued a preliminary notice that appellant received an overpayment 

of compensation in the amount of $71,799.39 as she no longer had an eligible dependent beginning 

July 25, 2000, but had continued to receive wage-loss compensation at the augmented rate through 

April 1, 2017. It also informed her of its preliminary determination that she was at fault in creation 

of the overpayment. OWCP provided appellant with an overpayment recovery questionnaire 

(Form OWCP-20). It notified her that, within 30 days of the date of the letter, she could request a 

telephone conference, a final decision based on the written evidence, or a prerecoupment hearing. 

By decision dated August 2, 2017, OWCP found that appellant had received an overpayment of 

compensation in the amount of $71,799.39, as she had received wage-loss compensation at the 

augmented rate without an eligible dependent from July 25, 2000 through April 1, 2017. It further 

found that appellant was at fault in the creation of the overpayment of compensation as she knew 

or should have known that she was receiving compensation to which she was not entitled. OWCP 

also ordered recovery of the overpayment of compensation by withholding $400.00 every 28 days 
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from appellant’s continuing wage-loss compensation benefits. It indicated that she had not 

responded to its preliminary notice of overpayment. A review of the record, however, 

demonstrates that on August 1, 2017 OWCP received appellant’s overpayment recovery 

questionnaire (Form OWCP-20) indicating that she disagreed that the overpayment occurred, 

disagreed with the finding of fault, and was requesting waiver of the overpayment. 

It is well established that OWCP must review all evidence submitted by a claimant and 

received by OWCP prior to issuance of its final decision.1 As the Board’s decisions are final as 

to the subject matter appealed, it is crucial that all evidence relevant to the subject matter of the 

claim, which was properly submitted to OWCP prior to the time of issuance of its final decision 

be addressed by OWCP.2

As noted above, on August 1, 2017 appellant disagreed with the findings of the preliminary 

notice of overpayment and submitted an overpayment recovery questionnaire. OWCP did not 

review this additional evidence prior to issuing the final overpayment decision on August 2, 2017.

Accordingly, the case is not in posture for a decision and the case will be remanded for a 

proper response to appellant’s additional submissions. Following this and such other development 

as deemed necessary, OWCP shall issue an appropriate decision. 

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ Compensation 

Programs dated August 2, 2017 is set aside and the case is remanded for further action consistent 

with this order of the Board. 

 

1 William A. Couch, 41 ECAB 548 (1990); N.L., Docket No. 17-1058 (issued February 8, 2018).

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Id.
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Issued: February 5, 2019

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