United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.M., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Jamaica Plain, MA, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 20-1310

Issued: April 21, 2021

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

PATRICIA H. FITZGERALD, Alternate Judge

JURISDICTION

On June 12, 2020 appellant filed a timely appeal from April 10 and 28, 2020 merit 

decisions 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 these merit decisions.

2

ISSUES

The issues are: (1) whether OWCP properly suspended appellant’s wage-loss 

compensation benefits, effective April 26, 2020, for failure to fully complete an EN1032 form as 

requested; and (2) whether OWCP properly suspended appellant’s right to augmented 

 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that, following the April 28, 2020 decision, appellant submitted additional evidence to OWCP. 

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

compensation, effective April 26, 2020, because he had not established that he had a dependent as 

defined under FECA.

FACTUAL HISTORY

On January 29, 2015 appellant, then a 46-year-old letter carrier, filed a traumatic injury 

claim (Form CA-1) alleging that on January 13, 2015 he sustained a right knee injury when he 

tripped and twisted his right knee while in the performance of duty.3 He stopped work on 

February 2, 2015. OWCP accepted appellant’s claim for joint effusion and medial meniscus tear 

of the right knee. It paid him wage-loss compensation for disability from work on the supplemental 

rolls for the period March 19 through May 30, 2015, and on the periodic rolls for the period 

May 31, 2015 through January 7, 2017.4

Appellant returned to limited-duty work (less than eight hours per day) commencing 

January 8, 2017 and OWCP paid wage-loss compensation for partial disability from work for the

period January 9 through 20, 2017. He stopped work in late-January 2017, but did not receive 

wage-loss compensation for this work stoppage.

Appellant continued in non-work status and on November 6 and 12, 2017 he filed claims 

for compensation (Form CA-7) in which he claimed wage-loss compensation for disability from 

October 14 through November 10, 2017 due to his accepted January 13, 2015 employment injury. 

On December 10, 2017 he filed a Form CA-7 in which he claimed wage-loss compensation for 

disability from November 11 through 24, 2017 due to his January 13, 2015 injury.

Appellant returned to limited-duty work (less than eight hours per day) in lateNovember 2017. OWCP then paid him wage-loss compensation for partial disability from work 

on the supplemental rolls commencing November 28, 2017 and on the periodic rolls commencing

June 24, 2018. It paid the wage-loss compensation at the augmented 75 percent rate based on 

appellant having a dependent daughter who was under age 18 (born on June 10, 2001).

By decision dated May 1, 2019, OWCP denied appellant’s claim for employment-related 

disability for the period October 14 through November 10, 2017. By decision dated June 12, 2019, 

it denied his claim for employment-related disability for the period November 11 

through 24, 2017.

Appellant requested a hearing before a representative of OWCP’s Branch of Hearings and 

Review and, by decision dated December 13, 2019, OWCP’s hearing representative affirmed the 

May 1 and June 12, 2019 decisions.

 

3 OWCP assigned the claim File No. xxxxx2884. On his Form CA-1 appellant indicated that he had a dependent 

in the form of a child under 18 years old. Under a separate claim (File No. xxxxx8884), OWCP had previously 

accepted that, by early-2014, appellant had sustained the occupational diseases of aggravation of degenerative disc 

disease/disc herniation at C5-6, and aggravation of diffuse cervical spondylosis. It administratively combined File 

Nos. xxxxx8884 and xxxxx2884, designating the latter file as the master file

4 On May 8, 2015 appellant underwent OWCP-authorized right knee surgery, including debridement of the medial 

meniscus.
3

OWCP periodically requested that appellant submit financial disclosure statements 

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

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

advised appellant regarding the standards for establishing whether he had a dependent within the 

meaning of FECA and, therefore, qualified for compensation paid at the augmented 75 percent 

rate.5 They advised appellant of the consequences for failure to fully provide information about 

claimed dependents, including discontinuation of the right to receive augmented compensation. 

On February 10, 2020 OWCP provided him with an EN1032 form and informed him that federal

regulations required him to report any earnings received or employment performed during the 

previous 15 months. It advised that appellant was required to fully answer all questions on the 

EN1032 form and return it within 30 days or his benefits would be suspended pursuant to 20 C.F.R. 

§ 10.528. OWCP mailed the letter to his address of record.

On February 18, 2020 OWCP received an EN1032 form, signed by appellant on 

February 14, 2020, which was missing pages 1, 3, and 5. In the “Part A -- Employment” section, 

appellant did not respond to question 3 with a “Yes” or “No” answer regarding whether he was 

unemployed for all periods during the past 15 months. In the “Part D -- Other Federal Benefits or 

Payments” section, he did not respond to question 1 (subpart a), with a “Yes” or “No” answer 

regarding whether he had been assigned a civil service active (CSA) number by the Office of 

Personnel Management (OPM). In the “Part F -- Fraud Offenses” section, appellant did not 

respond to question 2 with a “Yes” or “No” answer regarding whether he was incarcerated during 

the past 15 months for any felony offenses that resulted in a conviction under state or federal law.

By decision dated April 10, 2020, OWCP suspended appellant’s wage-loss compensation 

benefits, effective April 26, 2020, due to his failure to submit a fully completed EN1032 form as 

requested. It noted that on February 18, 2020 it received an EN1032 form, signed by appellant on 

February 14, 2020, which was missing pages 1, 3, and 5, and which contained inadequately 

answered questions in the sections entitled “Part A -- Employment,” “Part D -- Other Federal 

Benefits or Payments,” and “Part F -- Fraud Offenses.” OWCP advised that, if appellant fully 

completed and returned an enclosed copy of the EN1032 form, it would reinstate his wage-loss 

compensation benefits retroactive to the date of suspension.

On April 20, 2020 OWCP received a Form EN1032, signed on April 20, 2020 in which 

appellant completed all seven pages and provided responses to the questions in the sections entitled 

“Part A -- Employment,” “Part D -- Other Federal Benefits or Payments,” and “Part F -- Fraud 

Offenses,” which had been referenced by OWCP in its April 10, 2020 decision. In the section 

entitled “Part A – Employment,” appellant reported the pay he received working for the employing 

 

5 The EN1032 forms advised that an unmarried child under 23 years of age could be a dependent after age 18 if he 

or she qualified as a student because he or she had not completed four years of education beyond the high school level 

and was regularly pursuing a full-time course of study. The forms also advised that an unmarried child could be a 

dependent if he or she were living with the claimant or receiving regular contributions for support from the claimant, 

and if he or she were incapable of self-support because of a physical or mental disability.
4

establishment. In the section entitled, “Part C -- Dependents,” he indicated that he was not married,

but asserted he had a dependent daughter who was born on June 10, 2001.6

By decision dated April 28, 2020, OWCP suspended payment of appellant’s wage-loss 

compensation at the augmented 75 percent rate effective April 28, 2020.

7

 It advised him that it 

had received the EN1032 he completed on April 20, 2020, but found that the form was incomplete 

with respect to whether he had a dependent as defined under FECA and qualified for wage-loss 

compensation paid at the augmented 75 percent rate. OWCP noted that appellant listed a daughter 

who was over 18 years old, but did not explain how she qualified as a dependent. It advised him

that, if he completed and returned an enclosed copy of an EN1032 form, which demonstrated that 

he was entitled to augmented wage-loss compensation, such compensation would be restored 

retroactively to the date it was suspended.

LEGAL PRECEDENT -- ISSUE 1

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.8

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.9 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.10

ANALYSIS -- ISSUE 1

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

benefits, effective April 26, 2020, for failure to fully complete an EN1032 form as requested.

On February 10, 2020 OWCP provided appellant with the EN1032 form 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 

 

6

In an April 24, 2020 letter, OWCP again advised appellant regarding the standards for receiving wage-loss 

compensation at the augmented 75 percent rate. It requested that he submit information verifying that he had a 

dependent that qualified him for augmented compensation.

7 Effective April 26, 2020, OWCP paid appellant wage-loss compensation at the non-augmented 66 2/3 percent 

rate, rather than the augmented 75 percent rate.

8 5 U.S.C. § 8106(b).

9 20 C.F.R. § 10.528. See also R.B., Docket No. 20-0176 (issued June 25, 2020); A.H., Docket No. 15-0241 (issued 

April 3, 2015). 

10 Id. See also P.M., Docket No. 16-0382 (issued May 19, 2016).
5

questions and return the form within 30 days, his benefits would be suspended. The record reflects 

that OWCP’s letter was sent to appellant’s address of record and there is no indication that it was 

returned as undeliverable.11 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.12

Appellant failed to timely submit a fully-completed EN1032 form within 30 days of 

OWCP’s request. On February 18, 2020 OWCP received an EN1032 form, which was not fully 

completed. The EN1032 form, signed by appellant on February 14, 2020, was missing pages 1, 3, 

and 5. In the “Part A -- Employment” section, appellant did not respond question 3 with a “Yes”

or “No” answer regarding whether he was unemployed for all periods during the past 15 months. 

In the “Part D -- Other Federal Benefits or Payments” section, he did not respond question 1 

(subpart a), with a “Yes” or “No” answer regarding whether he had been assigned a CSA number 

by the OPM.13 In the “Part F -- Fraud Offenses” section, appellant did not respond question 2 with 

a “Yes” or “No” answer regarding whether he was incarcerated during the past 15 months for any 

felony offenses that resulted in a conviction under state or federal law. 

Appellant was receiving wage-loss compensation and was, therefore, required to fully 

complete and submit the EN1032 form in a timely manner.

14

 Appellant’s failure to file a fullycompleted EN1032 form within 30 days properly resulted in the suspension of his wage-loss 

compensation. Thus, the Board finds that OWCP properly suspended his wage-loss compensation 

benefits, effective April 26, 2020, pursuant to 20 C.F.R. § 10.528.15

LEGAL PRECEDENT -- ISSUE 2

The basic rate of compensation under FECA is 66 2/3 percent of the injured employee’s 

monthly pay. Where the employee has one or more dependents as defined under FECA, he or she 

is entitled to have basic compensation augmented at the rate of 8 1/3 percent, for a total of 75 

percent of monthly pay.16 Under FECA, a dependent includes, inter alia, “an unmarried child, 

while living with the employee or receiving regular contributions from the employee toward his 

support,” who is either under 18 years of age, or over 18 years of age and “incapable of self-support 

because of physical or mental disability.”

17

 FECA further provides that compensation payable for 

 

11 See J.H., Docket No. 20-0785 (issued October 23, 2020); Kenneth E. Harris, 54 ECAB 502 (2003).

12 Id.

13 Appellant indicated, “I don’t believe so. I don’t know what it is.”

14 See R.S., Docket No. 20-0580 (issued September 14, 2020); A.S., Docket No. 17-1530 (issued 

November 7, 2017).

15 See R.B., supra note 9?; P.M., supra note 13; M.W., Docket No. 15-0507 (issued June 18, 2015).

16 5 U.S.C. § 8110(b).

17 Id. at § 8110(a)(3).
6

an unmarried child that would otherwise end at the time he or she reaches 18 years of age shall 

continue if he or she is a student as defined by 5 U.S.C. § 8101.18

OWCP’s regulations provide that “[a]n employee who is receiving augmented 

compensation shall be periodically required to submit a statement as to any dependents, or to 

submit supporting documents such as birth or marriage certificates or court orders, to determine if 

he or she is still entitled to augmented compensation.”

19

 According to section 10.536, “If an 

employee fails to submit a requested statement or supporting document within 30 days of the date 

of the request, OWCP will suspend his or her right to augmented compensation until OWCP

receives the requested statement or supporting document. At that time, OWCP will reinstate 

augmented compensation retroactive to the date of suspension, provided that the employee is 

entitled to receive augmented compensation.”

20

ANALYSIS -- ISSUE 2

The Board finds that OWCP properly suspended appellant’s right to augmented 

compensation, effective April 26, 2020, because he had not established that he had a dependent as 

defined under FECA.

The appellant claimed one dependent in the August 20, 2020 EN1032 form he submitted: 

an 18-year-old daughter. The EN1032 form does not contain information to establish that 

appellant’s daughter as eligible for dependent status under FECA.

21

 Although the EN1032 form 

informed appellant of the qualifications for a dependent as defined under FECA, appellant only 

indicated that he had a daughter who was born on June 10, 2001.

Through the submission of an EN1032 form appellant was required to submit evidence that 

he had an eligible dependent as defined under FECA. Section 10.535 of OWCP’s regulations 

indicates that a claimant shall be required to submit necessary evidence to support entitlement to 

augmented compensation.22 OWCP, through the language of the EN1032 form, specifically 

advised appellant of the information/evidence necessary to establish a continuing right to 

augmented compensation, and of the consequences for failure to respond, including 

discontinuation of the right to receive augmented compensation. Within the 30 days afforded by 

OWCP, appellant failed to submit information/evidence, which would establish that he had a 

dependent as defined under FECA. Under section 10.536 of the regulations, OWCP properly 

 

18 Id. 5 U.S.C. § 8101(17) defines a student as an individual under 23 years of age who has not completed four 

years of education beyond the high school level and is regularly pursuing a full-time course of study.

19 20 C.F.R. § 10.535(c).

20 Id. at § 10.536.

21 Id.

22 Id.
7

suspended entitlement to augmented compensation, effective April 26, 2020, as the necessary 

information/evidence was not received.23

CONCLUSION

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

benefits, effective April 26, 2020, for failure to fully complete an EN1032 form as requested. The 

Board further finds that OWCP properly suspended appellant’s right to augmented compensation, 

effective April 26, 2020, because he had not established that he had a dependent as defined under 

FECA.

ORDER

IT IS HEREBY ORDERED THAT the April 10 and 28, 2020 decisions of the Office of 

Workers’ Compensation Programs are affirmed.

Issued: April 21, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

 

23 See Jacqueline S. Harris, Docket No. 04-1730 (issued January 13, 2005).