United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

R.B., Appellant

and

DEPARTMENT OF AGRICULTURE, OFFICE 

OF THE INSPECTOR GENERAL, Temple, TX, 

Employer

__________________________________________

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Docket No. 22-0578

Issued: September 13, 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

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On March 1, 2022 appellant filed a timely appeal from a January 3, 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.

1 The Board notes that,following the January 3, 2022 decision, OWCP and the Boardreceived 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

ISSUE

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

benefits, effective January 3, 2022, due to his failure to submit a Form EN1032, as requested.

FACTUAL HISTORY

This case has previously been before the Board on a different issue.

3

 The facts and 

circumstances as set forth in the Board’s prior decision are incorporated herein by reference. The 

relevant facts are as follows.

On February 21, 1986 appellant, then a 42-year-old special agent, filed a traumatic injury 

claim (Form CA-1) alleging on that date he injured his back moving office furniture while in the 

performance of duty. OWCP accepted the claim for low back strain, herniated discs at L3-4 and 

L4-5, and displacement of lumbar intervertebral disc without myelopathy. Appellant stopped work 

on February 21, 1986. OWCP paid wage-loss compensation on the periodic rolls beginning 

July 30, 1988.

OWCP periodically requested that appellant submit financial disclosure statements (Form 

EN1032), which solicited information about his employment, volunteer work, dependent(s) status, 

receipt of other federal benefits and/or payments, and third-party settlements. On November 8, 

2021 it provided appellant with a Form EN1032 for completion.

In a January 3, 2022 letter, OWCP informed appellant that federal regulations required him 

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

that a Form EN1032 was enclosed for that purpose. It notified him that he must fully answer all 

questions on the enclosed Form EN1032 and return it within 30 days or his 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 January 3, 2022, OWCP suspended appellant’s compensation benefits,

effective that date, due to his failure to submit the Form EN1032, as requested. It noted that, if he

completed and returned the enclosed copy of the Form EN1032, his 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.4

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 

3 Docket No. 09-1241 (issued January 14, 2010); Docket No. 10-0867 (issued January 5, 2011).

4

5 U.S.C. § 8106(b).
3

to work, which the employee has performed for the prior 15 months. 5 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.6

ANALYSIS

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

benefits, effective January 3, 2022, due to failure to complete a Form EN1032, as requested.

On January 3, 2022 OWCP provided appellant with a Form CA-1032 and notified him that 

federal regulations required him to complete the form and answer all questions concerning his 

employment or earnings. It properly notified him that, if he did not completely answer all 

questions and return the statement within 30 days, his benefits would be suspended. 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.7

The record shows no response prior to the January 3, 2022 OWCP decision suspending 

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

compensation benefits, effective January 3, 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 

compensation for failing to submit a Form CA-1032, as requested.

5

20 C.F.R. § 10.528.

6

Id.; see also id. at § 10.525.

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

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 January 3, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: September 13, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board