United States Department of Labor

Employees’ Compensation Appeals Board

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A.J., Appellant

and

DEPARTMENT OF THE AIR FORCE, TINKER 

AIR FORCE BASE, OK, Employer

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Docket No. 23-0304

Issued: August 10, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On December 5, 2022 appellant filed a timely appeal from a November 15, 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

ISSUE

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

benefits, effective November 15, 2022, due to his failure to submit a Form EN-1032, as requested.

1

5 U.S.C. § 8101 et seq.

2 The Board notes that, following the November 15, 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

FACTUAL HISTORY

On March 21, 1988 appellant, then a 32-year-old sheet metal mechanic, filed a traumatic 

injury claim (Form CA-1) alleging that on March 9, 1988 he struck his right leg on an aero stand 

and jet fuel spilled into the open wound while in the performance of duty. He stopped work on 

March 10, 1988. OWCP accepted appellant’s claim for right leg open wound, right leg and foot 

cellulitis, and thrombophlebitis of the deep vessels of the right lower extremity. It paid him 

wage-loss compensation for intermittent periods of disability. Appellant underwent vocational 

rehabilitation and returned to part-time, modified duty in September 1999. OWCP adjusted his

wage-loss compensation benefits to reflect his loss of wage-earning capacity. It paid appellant on 

the periodic rolls, effective June 16, 2002. 

OWCP periodically requested that appellant submit financial disclosure statements (Form 

EN-1032), which solicited information regarding his employment, volunteer work, dependent(s) 

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

In a September 21, 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 EN-1032 was enclosed for that purpose. It notified him that he must fully answer 

all questions on the enclosed Form EN-1032 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 15, 2022, OWCP suspended appellant’s wage-loss 

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

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

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

3

Supra note 1 at § 8106(b).

4

20 C.F.R. § 10.528.

5

Id., see also id. at § 10.525.
3

ANALYSIS

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

benefits, effective November 15, 2022, due to his failure to complete a Form EN-1032, as 

requested.

On September 21, 2022 OWCP provided appellant with a Form EN-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 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 EN-1032 prior to 

the November 15, 2022 OWCP decision suspending his benefits. Thus, the Board finds that 

OWCP properly suspended his compensation benefits, effective November 15, 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 15, 2022, due to his failure to submit a Form EN-1032, 

as requested.

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

Claudia J. Whitten, 52 ECAB 483 (2001).

7 L.L., Docket No. 21-1194 (issued March 18, 2022); 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); see 

also James A. Igo, 49 ECAB 189 (1997).
4

ORDER

IT IS HEREBY ORDERED THAT the November 15, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: August 10, 2023

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board