United States Department of Labor

Employees’ Compensation Appeals Board

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Y.H., Appellant

and

DEPARTMENT OF HOMELAND SECURITY, 

FEDERAL LAW ENFORCEMENT TRAINING 

CENTER, Glynco, GA, Employer

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Docket No. 19-1194

Issued: November 5, 2019

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

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On May 7, 2019 appellant filed a timely appeal from an April 29, 2019 merit decision of 

the Office of Workers’ Compensation Programs. Pursuant to the Federal Employees’

Compensation Act1(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction to 

review the merits of this case.

ISSUES

The issues are: (1) whether OWCP properly determined that appellant received an 

overpayment of compensation in the amount of $3,109.86 for the period February 3 through 

March 2, 2019, for which she was not at fault; and (2) whether OWCP abused its discretion by 

denying waiver of recovery of the overpayment.

 

1 5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On November 23, 2015 appellant, then a 51-year-old training technician, filed a traumatic

injury claim (Form CA-1) alleging that while in the performance of duty on November 18, 2015,

she experienced a slightly swollen and sore left knee as a result of banging her left knee against

the side of her computer desk. OWCP accepted the claim for contusion, initial encounter, sprain,

initial encounter, effusion, and other specified arthritis of the left knee.

On May 8, 2018 appellant filed a claim for a schedule award (Form CA-7).

By decision dated November 5, 2018, OWCP granted appellant a schedule award for 12

percent permanent impairment of the left leg. The award covered a period of 34.56 weeks from

June 15, 2018 through February 11, 2019, plus a fraction of a day. Appellant’s weekly pay of

$1,116.94 was multiplied by her augmented compensation rate of 66 2/3 percent for employees

with no eligible dependents, yielding a weekly compensation rate of $744.63. After cost-of-living 

adjustments, the weekly compensation was increased to $776.25 per week, totaling $3,105.00 in

continuing payments every four weeks.

In a manual adjustment form, OWCP documented that it paid appellant an additional sum

of $3,109.86 for the period February 3 through March 2, 2019 after her schedule award

compensation ended. Copies of fiscal worksheets were provided.

By notice dated March 28, 2019, OWCP informed appellant of its preliminary

determination that an overpayment of compensation in the amount of $3,109.86 had been created 

for the period February 3 through March 2, 2019. It explained that the overpayment occurred

because a computer system error continued to make an additional schedule award payment on 

March 2, 2019 after the period of the schedule award had ended. OWCP found that appellant was

not at fault in the creation of the overpayment because she received a compensation payment

deposited by electronic funds transfer (EFT) and less than 30 days had elapsed since the EFT

deposit was made, which did not allow her ample time to receive and review a statement from her

financial institution showing the details of the improper payment. Specifically, it noted that on

March 2, 2019 she received a payment by direct deposit for the period February 3 through

March 2, 2019. However, 30 days had not passed since the EFT deposit was made and, therefore,

she would not have been reasonably aware of receiving the payment as of that day. OWCP advised 

appellant that she could submit evidence challenging the fact, amount, or fault finding and request 

waiver of recovery of the overpayment. Additionally, it informed her that, within 30 days, she 

could request a telephone conference, a final decision based on the written evidence, or a 

prerecoupment hearing. OWCP requested that appellant complete an enclosed overpayment

recovery questionnaire (Form OWCP-20) and submit supporting financial documentation.

In an overpayment action request signed April 9, 2019, appellant checked a box requesting

a final decision based on written evidence. She also requested waiver of recovery of the 

overpayment as repayment would be against equity and good conscience and result in financial

loss.

Appellant submitted a Form OWCP-20 completed on April 9, 2019, in which she listed 

monthly income of $3,092.00, monthly expenses of $3,375.00, and assets of $100.12.
3

By decision dated April 29, 2019, OWCP finalized the preliminary overpayment 

determination that appellant received an overpayment of compensation in the amount of $3,109.86

because she received an additional schedule award payment for the period February 3 through

March 2, 2019, and that she was not at fault in the creation of the overpayment. It denied waiver

of recovery of the overpayment as there was no evidence to support that recovery of the 

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

noted that appellant had not submitted financial documentation in support of her completed Form 

OWCP-20. Therefore, it set repayment at $100.00 per month.

LEGAL PRECEDENT -- ISSUE 1

The schedule award provisions of FECA2and its implementing regulations3set forth the

number of weeks of compensation payable to employees sustaining permanent impairment from

loss or loss of use, of scheduled members or functions of the body. Section 20 C.F.R. § 10.404

provides that compensation is awarded for specified periods of time for the permanent loss or loss

of use of certain members.4

OWCP’s procedures provide that an overpayment is created when a schedule award

expires, but compensation continues to be paid.5

ANALYSIS -- ISSUE 1

The Board finds that this case is not in posture for decision regarding whether OWCP 

properly determined that appellant received an overpayment of compensation in the amount of 

$3,109.86 for the period February 3 through March 2, 2019, for which she was not at fault.

OWCP granted appellant a schedule award for 12 percent permanent impairment of the left

leg on November 5, 2018 for the period June 15, 2018 through February 11, 2019 plus a fraction

of a day, for a total of 34.56 weeks. The evidence of record establishes that on March 2, 2019 she

received a schedule award payment for the period February 3 through March 2, 2019. 

Consequently, the payment appellant received from OWCP for the period after February 11, 2019, 

the date the schedule award expired, constituted an overpayment of compensation.

6

 The Board 

accordingly affirms OWCP’s finding of fact of overpayment.

 

2

Id.

3 20 C.F.R. § 10.404.

4

Id. Effective May 1, 2009, OWCP began determining schedule awards in accordance with the American Medical 

Association, Guides to the Evaluation of Permanent Impairment (6th ed. 2009); Federal (FECA) Procedure Manual, 

Part 2 – Claims, Schedule Award and Permanent Disability Claims, Chapter 2.808.6 (March 2017); see also Part 3 --

Medical, Schedule Awards, Chapter 3.700, Exhibit 1 (January 2010); A.B., Docket No. 18-0922 (issued January 3,

2019); E.V., Docket No. 17-2026 (issued July 11, 2018).

5 Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Identifying and Calculating an Overpayment, 

Chapter 6.200.1f (1)(i) (September 2018).

6 A.B., Docket No. 18-0922 (issued January 3, 2019); R.S., Docket No. 17-1985 (issued March 23, 2018).
4

With regard to the amount and period of the overpayment, OWCP found an overpayment

of compensation in the amount of $3,109.86 for the period February 3 through March 2, 2019. 

The Board finds, however, with regard to the period of the overpayment, that the record 

reflects that, based on the November 5, 2018 schedule award decision, appellant was entitled to 

receive schedule award compensation through February 11, 2019. OWCP did not exempt the 

period February 3 through 11, 2019 during which she was entitled to receive a schedule award 

payment from its overpayment calculation. Therefore, the Board finds that the period and amount 

of the overpayment have not been established. 

The Board will set aside OWCP’s finding regarding the period and amount of the 

overpayment. The case will be remanded for OWCP to properly calculate the period and amount

of the overpayment of compensation. Following this and other such further development as it

deems necessary, OWCP shall issue a de novo decision.
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CONCLUSION

The Board finds that OWCP correctly determined the fact of overpayment of

compensation. The Board further finds, however, that the period and amount of the overpayment

are not in posture for a decision.

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ORDER

IT IS HEREBY ORDERED THAT the April 29, 2019 decision of the Office of Workers’

Compensation Programs is affirmed in part and set aside in part. The case is remanded for further 

action consistent with this decision of the Board.

Issued: November 5, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

7

In light of the Board’s disposition as to Issue 1, Issue 2 is rendered moot.