United States Department of Labor

Employees’ Compensation Appeals Board

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J.T., Appellant

and

U.S. POSTAL SERVICE, FLORENCE POST 

OFFICE, Florence, MS, Employer

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Docket No. 20-1327

Issued: March 2, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On June 18, 2020 appellant filed a timely appeal from a June 9, 2020 merit decision of the 

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

Compensation Act11(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction over 

the merits of this case.2

ISSUE

The issue is whether OWCP properly suspended appellant’s compensation benefits, 

effective June 21, 2020, for failure to complete a Form EN1032 as requested.

 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that, following the June 9, 2020 decision, OWCP received additional evidence. 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 its 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 evidence for 

the first time on appeal. Id.
2

FACTUAL HISTORY

On June 11, 2019 appellant, then a 65-year-old rural carrier, filed an occupational disease 

claim (Form CA-2) alleging that she developed a rotary cuff tear due to factors of her federal 

employment, including repetitive motion of the shoulders when picking up and throwing mail. 

She indicated that she first became aware of her condition and first realized its relationship to her 

federal employment on December 5, 2018. Appellant stopped work on May 11, 2019. OWCP 

accepted the claim for rotator cuff tear or rupture of the right shoulder. It paid appellant wage-loss 

compensation on the supplemental rolls commencing July 5, 2019, and on the periodic rolls 

commencing August 18, 2019.

On April 13, 2020 OWCP provided appellant a Form EN1032 and informed her that federal 

regulations required her to report any improvement in her medical condition, any employment, 

any change in the status of claimed dependents, any third-party settlement, and any income or 

change in income from federally-assisted disability or benefit programs. It notified her that she 

was required to fully answer all questions on the EN1032 form and return it within 30 days or her 

benefits would be suspended. The letter was mailed to appellant’s last known address. No response 

was received within the time allotted.

No reply was received.

By decision dated June 9, 2020, OWCP suspended appellant’s compensation benefits, 

effective June 21, 2020, for failure to complete the EN1032 form as requested. It advised that, if 

appellant were to complete and return 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 R.S., 20-0580 (issued September 14, 2020); see also H.B., Docket No. 19-0405 (issued 

June 26, 2019); M.S., Docket No. 18-1107 (issued December 28, 2018); C.C., Docket No. 17-0043 (issued June 15, 

2018); A.H., Docket No. 15-0241 (issued April 3, 2015).

5

Id.; see also id. at § 10.525.
3

ANALYSIS

The Board finds that OWCP properly suspended appellant’s wage-loss compensation 

benefits, effective June 21, 2020, for failure to complete the EN1032 form as requested.

On April 13, 2020 OWCP provided appellant with an EN1032 form. It properly advised 

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 the OWCP letter was sent to 

appellant’s last known 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 of record is presumed to be received by 

the addressee.7

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

of the OWCP request. 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. Thus, the Board finds that OWCP properly suspended 

appellant’s compensation benefits, effective June 21, 2020, pursuant to 20 C.F.R. § 10.528.

CONCLUSION

The Board finds that OWCP properly suspended appellant’s wage-loss compensation 

benefits, effective June 21, 2020, for failure to complete the EN1032 form as requested.

 

6 See R.S., supra note 4; H.B., supra note 4; J.J., Docket No. 13-1067 (issued September 20, 2013); Kenneth E. 

Harris, 54 ECAB 502, 505 (2003).

7

Id.
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ORDER

IT IS HEREBY ORDERED THAT the June 9, 2020 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: March 2, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board