United States Department of Labor

Employees’ Compensation Appeals Board

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B.F., Appellant

and

DEPARTMENT OF COMMERCE, BUREAU 

OF THE CENSUS, Charlotte, NC, Employer

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Docket No. 22-0585

Issued: October 20, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 2, 2022 appellant filed a timely appeal from a February 1, 2022 merit decision 

of the Office of Workers’Compensation Programs (OWCP).1 Pursuant to the Federal Employees’

Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction to 

consider the merits of the case.

ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation 

benefits, effective February 1, 2022, due to her failure to submit an EN-1032 form, as requested.

1 The Board notes that,following the February 1, 2022decision, OWCP and the Board 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

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On April 14, 2002 appellant, then a 46-year-old senior field representative, filed a 

traumatic injury claim (Form CA-1) alleging that on April 11, 2002 she injured her head, neck, 

low back, and right knee when another driver struck her vehicle from behind while in the 

performance of duty. She stopped work on July 12, 2002. OWCP accepted the claim for lumbar 

strain, right knee strain, right knee meniscal tear, disorders of the bursae and tendons in the right 

shoulder, right enthesopathy of the hip, and lesion of ulnar nerve, unspecified mononeuritis upper 

limb, localized primary osteoarthritis of the right lower leg, dislocation of patella (closed), and 

right trigger finger. It paid appellant wage-loss compensation on the supplemental rolls beginning

August 21, 2002 and on the periodic rolls beginning November 3, 2002.

OWCP periodically requested that appellant submit financial disclosure statements (Form 

EN-1032) which solicited information regarding her employment, volunteer work, dependent(s) 

status, receipt of other federal benefits and/or payments, and third-party settlements. 

In a December 3, 2021 letter, OWCP informed appellant that federal regulations required 

her to execute an affidavit relative to any earnings or employment during the previous 15 months 

and that an EN-1032 form was enclosed for that purpose. It notified her that she must fully answer 

all questions on the enclosed EN-1032 form and return it within 30 days or her benefits would be 

suspended. OWCP mailed the notice to appellant’s last known address of record. No response 

was received within the time allotted.

By decision dated February 1, 2022, OWCP suspended appellant’s wage-loss 

compensation benefits effective that date, due to her failure to submit the EN-1032 form, as 

requested. It noted that, if she completed and returned the enclosed copy of the EN-1032 form, 

her compensation benefits would be restored retroactively to the date they were suspended. 

LEGAL PRECEDENT

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.

5

Id.; see also id. at § 10.525.
3

ANALYSIS

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

benefits, effective February 1, 2022, due to her failure to submit an EN-1032 form, as requested.

On December 3, 2021 OWCP provided appellant with an EN-1032 form and notified her

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

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

return the statement within 30 days, her benefits would be suspended. The Board has held that, 

absent evidence to the contrary, a notice mailed in the ordinary course of business is presumed to 

have been received by the intended recipient.6 The presumption is commonly referred to as the 

“mailbox rule.”

7

 The record reflects that OWCP’s letter was properly sent to appellant’s address 

of record and there is no indication that it was returned as undeliverable. The record establishes 

that appellant did not submit a completed EN-1032 prior to the February 1, 2022 OWCP decision 

suspending appellant’s benefits. Thus, the Board finds that OWCP properly suspended her

compensation benefits, effective February 1, 2022, pursuant to 20 C.F.R. § 10.528.8

CONCLUSION

The Board finds that OWCP has met its burden of proof to suspend appellant’s wage-loss 

compensation benefits, effective February 1, 2022, due to her failure to submit an EN-1032 form, 

as requested.

6 E.G., Docket No. 20-1184 (issued March 1, 2021); R.L., Docket No. 20-0186 (issued September 14, 2020); C.Y., 

Docket No. 18-0263 (issued September 14, 2018); Claudia J. Whitten, 52 ECAB 483 (2001).

7 C.C., Docket No. 17-0043 (issued June15, 2018); A.H., Docket No. 15-0241 (issued April3, 2015).

8

See W.L., Docket No. 18-1051 (issued March 24, 2021); M.W., Docket No. 15-0507 (issued June18, 2015); see 

also James A. Igo, 49 ECAB 189 (1997).
4

ORDER

IT IS HEREBY ORDERED THAT the February 1, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: October 20, 2022

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board