United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

K.T., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Carmel Valley, CA, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-1269

Issued: March 28, 2022

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 August 16, 2021 appellant filed a timely appeal from a July 29, 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 August 15, 2021, for failure to complete an EN1032 form as requested.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that,following the July 29, 2021 decision, OWCP received additional evidence. However, the 

Board’s Rules of Procedures 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 April 28, 2017 an employing establishment official, on behalf of appellant, then a 45

year-old rural carrier, filed a traumatic injury claim (Form CA-1) alleging that on April 15, 2017

appellant was injured in a motor vehicle accident, which resulted in head trauma, contusions, and 

soft tissue damage while in the performance of duty. OWCP accepted the claim for multiple 

fractures of the left ribs, traumatic subarachnoid hemorrhage without loss of consciousness,

cerebral infarction due to unspecified collusion or stenosis of right anterior cerebral artery,

aneurysm of other specified arteries, cerebral aneurysm, nonruptured, and contusion of left lower 

leg. It paid appellant wage-loss compensation on the supplemental rolls, commencing May 30, 

2017, and on the periodic rolls, commencing June 25, 2017.

Over time, OWCP periodically requested that appellant submit financial disclosure 

statements (Form EN1032), which solicited information about her employment, volunteer work, 

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

On June 9, 2021 OWCP advised appellant that she was required to fully answer all 

questions on the enclosed EN1032 form and return it within 30 days or her benefits would be 

suspended. It mailed the notice to her last known address of record. No response was received.

By decision dated July 29, 2021, OWCP suspended appellant’s wage-loss compensation

benefits, effective August 15, 2021, due to her failure to submit the EN1032 form, as requested. 

It advised that, if she were to complete and return the form, her wage-loss compensation benefits 

would be restored 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 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 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 August 15, 2021, due to her failure to complete an EN1032 form as requested. 

On June 9, 2021 OWCP provided appellant with the EN1032 form and advised that federal 

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

or earnings. It properly notified appellant 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

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

of OWCP’s request. As OWCP was paying appellant wage-loss compensation on the periodic 

rolls she 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 August 15, 2021, pursuant to 20 C.F.R. § 10.528.9

CONCLUSION

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

benefits, effective August 15, 2021, for failure 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.
4

ORDER

IT IS HEREBY ORDERED THAT the July 29, 2021 decision of the Office of Workers’

Compensation Programs is affirmed.

Issued: March 28, 2022

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