United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.W., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Baltimore, MD, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-0610

Issued: October 19, 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

PATRICIA H. FITZGERALD, Alternate Judge

JURISDICTION

On March 1, 2021 appellant filed a timely appeal from a February 10, 2021 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 over 

the merits of this case.2

ISSUE

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

effective February 23, 2021, for failure to complete an EN1032 form as requested.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that followingthe February 10, 2021 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 

additional evidence for the first time on appeal. Id.
2

FACTUAL HISTORY

On December 31, 1998 appellant, then a 54-year-old rural carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on December 16, 1998 she was injured in the performance of 

duty. OWCP accepted the claim for sprain of lumbosacral joint and ligament. The record reflects 

that OWCP paid appellant wage-loss compensation on the periodic rolls as of October 6, 2002. 

OWCP periodically requested that appellant submit financial disclosure statements (Form 

CA-1032), which solicited information about her employment, volunteer work, dependent(s) 

status, receipt of other federal benefits and/or payments, and third-party settlements if any, within 

the past 15 months.

On December 15, 2020 OWCP informed appellant that federal regulations required her to 

execute an affidavit regarding any earnings received or employment performed during the previous 

15 months and that an EN1032 form was enclosed for that purpose. It advised that she had to 

completely answer all questions on the form and that her benefits would be suspended pursuant to 

20 C.F.R. § 10.528 if a completed form was not received by OWCP within 30 days. OWCP mailed 

the letter to appellant’s last known address of record. No response was received.

By decision dated February 10, 2021, OWCP suspended appellant’s wage-loss

compensation, effective February 23, 2021, for failing to submit the EN1032 form as requested.

It advised that, if she completed and returned an enclosed copy of the EN1032 form, it would 

restore her wage-loss compensation retroactively to the date of suspension.

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 retroactively 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 R.B., Docket No. 20-0176 (issued June25, 2020);A.H.,Docket No. 15-0241 (issued 

April 3, 2015).

5

Id. See also J.M., Docket No. 20-1310 (issued April21, 2021);P.M.,Docket No. 16-0382 (issued May 19, 2016).
3

ANALYSIS

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

benefits, effective February 23, 2021, due to her failure to complete an EN1032 form as requested. 

On December 15, 2020 OWCP provided appellant with the EN1032 form and notified her

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

employment or earnings. It properly notified her that, if she did not completely answer all 

questions and return the form within 30 days, her benefits would be suspended. The record reflects 

that OWCP’s 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 is presumed to be 

received by the addressee.7

Appellant failed to timely submit an EN1032 form within 30 days of OWCP’s request. She

was receiving wage-loss compensation and was, therefore, required to fully complete and submit 

the EN1032 form in a timely manner.8 Appellant’s failure to file an EN1032 form within 30 days 

properly resulted in the suspension of her wage-loss compensation. Thus, the Board finds that 

OWCP properly suspended her wage-loss compensation benefits, effective February 23, 2021,

pursuant to 20 C.F.R. § 10.528 and informed her that wage-loss benefits would be retroactively 

reinstated when the EN1032 form was received.

9

CONCLUSION

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

benefits, effective February 23, 2021, forfailure to submit a completed EN1032 form as requested. 

6

See J.H., Docket No. 20-0785 (issued October 23, 2020); KennethE. Harris, 54 ECAB 502 (2003).

7

Id.

8

See R.S., Docket No. 20-0580 (issued September 14, 2020); A.S., Docket No. 17-1530 (issued November 7, 2017).

9

See R.B., supra note 4; P.M., supra note 5; M.W., Docket No. 15-0507 (issued June 18, 2015). 
4

ORDER

IT IS HEREBY ORDERED THAT the February 10, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: October 19, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board