United States Department of Labor

Employees’ Compensation Appeals Board

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J.K., Appellant

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DEPARTMENT OF HOMELAND SECURITY, 

U.S. BORDER & CUSTOMS PATROL, Santee, 

CA, Employer

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Docket No. 21-1282

Issued: May 4, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 24, 2021 appellant filed a timely appeal from a July 26, 2021 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards 

docketed the appeal as No. 21-1282.

On November 26, 2019 appellant, then a 40-year-old supervisory border patrol agent, filed 

a traumatic injury claim (Form CA-1) alleging that on that day he injured his right arm when 

driving on uneven dirt roads while in the performance of duty. OWCP accepted the claim for right 

shoulder strain, right shoulder superior glenoid labrum lesion, right shoulder impingement 

syndrome, and right shoulder joint subluxation.

On November 20, 2020 appellant filed a claim for compensation (Form CA-7) for a 

schedule award. By decision dated February 11, 2021, OWCP granted appellant a schedule award 

for five percent permanent impairment of the right upper extremity. The period of the award ran 

from November 18, 2020 through March 7, 2021.

On April 16, 2021 OWCP notified appellant of its preliminary overpayment determination 

that he received an overpayment of compensation in the amount of $8,025.06 for the period 

February 28 to March 27, 2021 because he received an extra full schedule award payment in 

addition to the final schedule award payment. Under a paragraph entitled computation of the 
2

overpayment, it noted that appellant should have received a supplemental payment for the number 

of days of his approved award during the month of March, but that an additional full periodic roll 

payment should not have been paid. OWCP further advised appellant of its preliminary 

determination that he was without fault in the creation of the overpayment. It provided him with 

an overpayment recovery questionnaire (Form OWCP-20) and advised that he should fully 

complete the Form OWCP-20 and submit supporting financial documentation. OWCP also

provided an overpayment action request form and notified appellant that, within 30 days of the 

date of the letter, he could request a telephone conference, a final decision based on the written 

evidence, or a prerecoupment hearing.

On May 17, 2021 OWCP received appellant’s request for a decision based on the written 

evidence, a completed Form OWCP-20, and supporting financial documentation. Appellant 

related that he was without fault in the creation of the overpayment and that he believed the 

payments he received were part of the five percent schedule award due to him. 

By decision dated July 26, 2021, OWCP finalized its preliminary overpayment 

determination that appellant received an overpayment of compensation in the amount $8 ,025.06 

for the period February 28 through March 27, 2021. It further found that he submitted no evidence 

refuting the amount of the overpayment. OWCP also found that appellant was without fault in the 

creation of the overpayment, but denied waiver of recovery of the overpayment. Further, it noted 

that repayment of the full amount, $8,025.06, was due within 30 days. OWCP advised appellant 

that if he was unable pay the debt in full to arrange a monthly payment amount.

The Board finds that this case is not in posture for decision. The Board finds that OWCP 

failed to provide adequate facts and findings in support of its July 26, 2021 decision. OWCP is 

required by statute and regulation to make findings of fact provide a statement of reasons. 1 

OWCP failed to provide adequate findings explaining how the overpayment was calculated 

beyond noting he received an extra schedule award. 

Waiver of the overpayment was also denied. OWCP simply noted that an OWCP Form20 and supporting documentation had been submitted. Section 8129 of FECA provides that an 

overpayment of compensation shall be recovered by OWCP unless “incorrect payment has been 

made to an individual who is without fault and when adjustment or recovery would defeat the 

purpose of FECA or would be against equity and good conscience.”

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 However, OWCP made no 

specific findings regarding OWCP-20 form and financial documentation appellant submitted as to 

whether recovery of the overpayment would defeat the purpose of FECA or be against equity and 

good conscience. The Board, therefore,finds that the case must be remanded for a new preliminary 

overpayment determination, which provides proper findings of fact and conclusions of law and 

affords appellant due process rights to seek waiver of recovery of the overpayment.

1

5 U.S.C. § 8124(a) provides that OWCP shall determine and make a finding of facts and make an award for or 

against payment of compensation. 20 C.F.R. § 10.126 provides that its final decision shall contain findings of fact 

and a statement of reasons. See also Order Remanding Case, H.B., Docket No. 19-0356 (issued March 20, 2020); 

Order Remanding Case, H.O., Docket No. 19-0198(issued July 3, 2019).

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5 U.S.C. § 8129.
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IT IS HEREBY ORDERED THAT the July 26, 2021 decision of the Office of Workers’

Compensation Programs is set aside and the case is remanded to OWCP for further proceedings 

consistent with this order of the Board.

Issued: May 4, 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