United States Department of Labor

Employees’ Compensation Appeals Board

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W.P., Appellant

and

TENNESSEE VALLEY AUTHORITY, 

BROWNS FERRY NUCLEAR POWER PLANT, 

Decatur, AL, Employer

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Docket No. 23-0306

Issued: August 28, 2023

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 December 8, 2022 appellant filed a timely appeal from a November 22, 2022 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 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the November 22, 2022 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

ISSUE

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

benefits, effective November 22, 2022, due to his failure to submit a Form CA-1032, as requested.

FACTUAL HISTORY

On February 3, 1986 appellant, then a 31-year-old machinist welder, filed a traumatic 

injury claim (Form CA-1) alleging that on November 25, 1985 he sustained a low back injury 

when he pulled on a stuck crane rigging cable while in the performance of duty. OWCP accepted 

the claim for lumbar strain. It paid appellant compensation for intermittent wage loss on the 

supplemental rolls, effective March 5, 1989. Appellant stopped work on October 25, 1991 and 

was separated from federal employment due to a reduction-in-force on November 25, 1991. He 

subsequently obtained employment in the private sector as a light truck driver. OWCP paid 

appellant wage-loss compensation on the periodic rolls, effective December 11, 1994, under an 

informal loss of wage-earning capacity determination, based on his actual earnings in the private 

sector. 

Over the ensuing years, OWCP periodically requested that appellant submit financial 

disclosure statements (Form CA-1032) which solicited information regarding his employment, 

volunteer work, dependent(s) status, receipt of other federal benefits and/or payments, and thirdparty settlements.

On September 21, 2022 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 CA-1032 was enclosed for that purpose. It notified him that he must fully answer all 

questions on the enclosed form 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 November 22, 2022, OWCP suspended appellant’s wage-loss 

compensation benefits effective that date, due to his failure to submit the Form CA-1032, as 

requested. It advised that, if he completed and returned the enclosed copy of the Form CA-1032, 

his compensation benefits would be restored retroactively to the date to the date they were 

suspended.

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 

3

5 U.S.C. § 8106(b).
3

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

ANALYSIS

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

benefits, effective November 22, 2022, due to his failure to submit a Form CA-1032, as requested.

On September 21, 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 notified him that, if he did not completely answer all questions and 

return the statement within 30 days, his benefits would be suspended. The Board has held that, 

absent evidence to the contrary, a notice mailed in the ordinary course of business is presumed to 

have been received by the intended recipient.6 The presumption is commonly referred to as the 

“mailbox rule.”

7

 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. 

The record establishes that appellant did not submit a completed Form CA-1032 prior to 

the November 22, 2022 OWCP decision suspending his benefits. Thus, the Board finds that 

OWCP properly suspended his compensation benefits, effective November 22, 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 wage-loss 

compensation benefits, effective November 22, 2022, due to his failure to submit a Form CA1032, as requested.

4

20 C.F.R. § 10.528.

5

Id.; see also id. at § 10.525.

6 E.G., Docket No. 20-1184 (issued March 1, 2021);R.L., Docket No. 20-0186 (issued September 14, 2020); C.Y., 

Docket No. 18-0263 (issued September 14, 2018); Claudia J. Whitten, 52 ECAB 483 (2001).

7 C.C., Docket No. 17-0043 (issued June 15, 2018); A.H., Docket No. 15-0241 (issued April 3, 2015).

8

See B.F., Docket No. 22-0585 (issued October 20, 2022); W.L., Docket No. 18-1051 (issued March 24, 2021);

M.W., Docket No. 15-0507 (issued June 18, 2015); see also James A. Igo, 49 ECAB 189 (1997).
4

ORDER

IT IS HEREBY ORDERED THAT the November 22, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: August 28, 2023

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