United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.N., Appellant

And

U.S. POSTAL SERVICE, LA HABRA POST 

OFFICE, La Habra, CA, Employer

__________________________________________

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Docket No. 20-0805

Issued: June 1, 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 February 29, 2020 appellant filed a timely appeal from a January 31, 2020 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 over the merits of this case.

ISSUE

The issue is whether OWCP properly terminated appellant’s compensation, effective 

October 11, 2019, finding that he forfeited his entitlement to compensation pursuant to 5 U.S.C. 

§ 8148(a).

1 Appellant appealed from a purported October 11, 2019 OWCP decision. The Board notes, however, that the only 

final adverse OWCP decision of record over which the Board may properly exercise jurisdiction is the January 31, 

2020 merit decision. See 20 C.F.R. §§ 501.2(c) and 501.3.

2

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On January 28, 2008 appellant, then a 47-year-old letter carrier, filed an occupational 

disease claim (Form CA-2) alleging that he developed a back condition due to factors of his federal 

employment. He indicated that he first became aware of his condition and realized its relation to 

his federal employment on August 15, 2007. On February 12, 2008 OWCP accepted appellant’s 

claim for lumbar strain. Appellant filed a second Form CA-2 on February 2, 2009 alleging that he 

injured his low back due to factors of his federal employment, including carrying mail on his 

delivery route. He noted that he first became aware of his condition and its relation to his federal 

employment on August 5, 2008. On October 26, 2010 OWCP expanded acceptance of appellant’s

claim to include degeneration of lumbar intervertebral disc, multilevel disc herniations, annular 

tear with moderately severe spinal stenosis at L2-3, and compression fracture of L3. Appellant 

stopped work on March 18, 2011. OWCP paid him appropriate compensation benefits.

On August 12, 2019 the United States Attorney for the District Court for the Central 

District of California charged appellant with making a false statement to obtain FECA benefits 

under 18 U.S.C. § 1920. He noted that appellant made false statements on Form CA-1032s and 

concealed his business profits entirely, as well as concealing his operation of a second business 

enterprise, which directly resulted in an overpayment of wage-loss compensation benefits under 

FECA. Appellant entered into a plea agreement on August 12, 2019. The plea agreement 

specifically provided that it would not bind other federal, state, or local prosecuting authorities. 

Appellant gave up the right to indictment by a grand jury and agreed to plead guilty “to a singlecount Information” which charged him with “[c]ausing a [f]alse [s]tatement or [r]eport” to obtain 

FECA benefits, in violation of 18 U.S.C. § 1920.

On October 11, 2019 appellant pled guilty to one count of causing a false statement or 

report under 18 U.S.C. § 1920. The Court accepted the plea and plea agreement on October 11, 

2019 and imposition of sentence was set for February 21, 2020.

By decision dated January 31, 2020, OWCP found that appellant had forfeited his 

entitlement to compensation, effective October 11, 2019, the date of his conviction, as he pled 

guilty to defrauding the FECA program. It determined that, as a result of his conviction, and in 

accordance with 5 U.S.C. § 8148(a) and 20 C.F.R. § 10.17, appellant was not entitled to receive 

further benefits under FECA. OWCP further advised that any authorized medical treatment 

received prior to the date of this decision would be paid, but no further medical treatment would 

be paid beyond the date of the decision.

LEGAL PRECEDENT

Public Law No. 103-333, enacted on September 30, 1994, amended FECA by adding 5 

U.S.C. § 8148, which provides for the termination of benefits payable to beneficiaries who have 

been convicted of defrauding the FECA program. Section 8148(a) of FECA3 provides that an 

individual convicted of a violation of 18 U.S.C. § 1920 or any other federal or state criminal statute 

relating to fraud in the application for or receipt of a benefit under FECA, shall forfeit, as of the 

3

5 U.S.C. § 8148(a).
3

date of such conviction, entitlement to any benefit to which such individual would otherwise be 

entitled under FECA for an injury occurring on or before the date of such conviction. Such 

forfeiture shall be in addition to any action the Secretary may take under section 81064(forfeiture) 

or section 81295(recovery of overpayments) of FECA.6

Section 10.17 of OWCP’s implementing regulations provides that when a claimant pleads 

guilty to federal or state criminal charges of fraud in connection with receipt of Federal 

Government benefits, the claimant’s entitlement to further compensation benefits will terminate,

effective the date the guilty plea is accepted. Termination of entitlement under this section is not 

affected by any subsequent change in or recurrence of the beneficiary’s medical condition.7

OWCP’s procedures provide that, in support of termination or suspension of compensation,

the record must contain copies of the indictment or information and the plea agreement, if any, or 

the document containing the guilty verdict. Further, this evidence must establish that the 

individual was convicted and that the conviction is related to the claim for or receipt of 

compensation benefits under FECA.8 The termination is effective on the date of the verdict or on 

the date the guilty plea is accepted and guilt adjudicated.9 Because of the criminal basis for the 

termination, no pretermination notice is required before a final decision is issued. 10

ANALYSIS

The Board finds that OWCP properly terminated appellant’s compensation benefits, 

effective October 11, 2019, finding that he forfeited his entitlement to compensation pursuant to 5 

U.S.C. § 8148(a).

On October 11, 2019 appellant pled guilty to one count of fraud under 18 U.S.C. § 1820. 

Specifically, he pled guilty to defrauding the FECA program by providing false statements and 

omissions of fact regarding two businesses, which he owned and operated which resulted in an 

overpayment of wage-loss compensation.

As noted, under section 8148(a) of FECA, a claimant who is convicted of fraud in obtaining 

compensation benefits under 18 U.S.C. § 1920 or any other federal or state criminal statue relating 

4

Id. at § 8106.

5

Id. at § 8129.

6

Supra note 2; L.C.,Docket No. 19-1094 (issued February 25, 2020); D.S.,Docket No. 18-1173 (issued June 13, 

2019); F.C., 59 ECAB 666 (2007).

7

20 C.F.R. § 10.17.

8 Federal (FECA) Procedure Manual, Part 2 --Claims, Disallowances, Chapter 2.1400.17(c)(2) (February 2013).

9

Id. at Chapter 2.1400.17(d) (February 2013).

10 Id. at Chapter 2.1400.4(a)(6) (February 2013).
4

to fraud in the application for or receipt of a benefit under FECA is permanently barred from 

receiving compensation under FECA.11

The record contains a copy of the information, the plea, and the plea agreement, which the 

Court accepted. The Board finds that the evidence establishes that appellant was in fact convicted 

of defrauding the FECA program. OWCP procedures provide that the termination is effective on 

the date of the guilty plea is accepted.12 The Board, thus, finds that OWCP properly terminated 

appellant’s FECA compensation benefits, effective October 11, 2019, the date of his conviction.13

On appeal appellant asserted that he still had injuries and resultant disability related to his 

previously accepted work injuries, which requires ongoing medical care. However, as noted above 

a claimant who is convicted of fraud in connection with receiving compensation benefits is 

permanently barred from receiving compensation under FECA.

CONCLUSION

The Board finds that OWCP properly terminated appellant’s compensation, effective 

October 11, 2019, finding that he forfeited his entitlement to compensation pursuant to 5 U.S.C. 

§ 8148(a).

11 5 U.S.C.§ 8148(a); 20 C.F.R. § 10.17; K.V., Docket No. 19-1947 (issued May28, 2020); R.R., Docket No. 18-

0804 (issued October 8, 2019); R.M.,Docket No. 17-0141 (issued March 28, 2018).

12 Supra note 6.

13 K.V., supra note 11; D.S., Docket No. 18-1173 (issued June 13, 2019).
5

ORDER

IT IS HEREBY ORDERED THAT the January 31, 2020 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: June 1, 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