United States Department of Labor

Employees’ Compensation Appeals Board

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L.D., Appellant

and

DEPARTMENT OF THE AIR FORCE, 

PETERSON AIR FORCE BASE,

Colorado Springs, CO, Employer

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Docket No. 18-1347

Issued: September 17, 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

JANICE B. ASKIN, Judge

On June 28, 2018 appellant filed a timely appeal from a January 2, 2018 decision of the 

Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 18-1347.1

By decision dated January 2, 2018, an OWCP hearing representative finalized an 

overpayment determination in the amount of $24,828.50.

2

 The January 2, 2018 decision does not 

contain findings regarding the fact and amount of overpayment.3 Rather, the hearing 

representative only made a finding that appellant was not at fault in the creation of the 

overpayment, but was not entitled to waiver of recovery of the overpayment. 

 

1 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 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 additional evidence for the first time on 

appeal. Id.

2 The overpayment was found due to an under deduction of premiums for optional life insurance and post-retirement 

basic life insurance.

3 See 20 C.F.R. § 10.126;
2

Section 8124(a) of FECA provides: OWCP shall determine and make a finding of fact and 

make an award for or against payment of compensation.4 Its regulations at section 10.126 of Title 

20 of the Code of Federal Regulations provide: The decision of the Director of OWCP shall 

contain findings of fact and a statement of reasons.5 Moreover, OWCP’s procedure manual 

provides: The reasoning behind OWCP’s evaluation should be clear enough for the reader to 

understand the precise defect of the claim and the kind of evidence which would overcome it.6

The Board has noted that, in overpayment determinations, it is essential that OWCP 

provide the recipient of compensation with a clear statement showing how the overpayment was 

calculated.7 This requirement for a clear statement of findings was not done in this case. 

Additionally, the Board finds that in correspondence to OWCP dated May 15, 2017, 

appellant requested that certain OWCP and Board employees be subpoenaed before the Branch of 

Hearings and Review. The record before the Board does not contain a ruling made on these 

subpoena requests made prior to the April 14, 2017 preliminary overpayment determination. 

The Board finds that, as the January 2, 2018 decision contained no findings with regard to 

how the fact and amount of the overpayment were determined, the decision will be set aside and 

the case remanded to OWCP. After such further development as OWCP deems necessary, it shall 

issue an appropriate decision with regard to the relevant overpayment issues and appellant’s 

subpoena requests.

8

 Accordingly,

 

4 U.S.C. § 8124(a); see R.C., Docket No. 16-0563 (issued May 4, 2016); Hubert Jones, Jr., 57 ECAB 467 

(2006); Paul M. Colosi, 56 ECAB 294 (2005).

5 See supra note 3.

6 Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Chapter 2.1400.5 (February 2013).

7

J.M., Docket No. 18-1505 (issued June 21, 2019); D.L., Docket No. 17-1096 (issued September 6, 2017); 

Teresa A. Ripley, 56 ECAB 528 (2005).

8 See 20 C.F.R. § 10.619.
3

IT IS HEREBY ORDERED THAT the January 2, 2018 decision of the Office of 

Workers’ Compensation Programs is set aside and the case remanded to OWCP for further 

proceedings consistent with this order of the Board.

Issued: September 17, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board