United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

E.M., Appellant

and

U.S. POSTAL SERVICE, JACK D. WATSON

PROCESSING & DISTRIBUTION CENTER, 

Fort Worth, TX, Employer

__________________________________________

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Docket No. 21-1231

Issued: April 19, 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On August 10, 2021 appellant filed a timely appeal from March 31 and July 28, 2021 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 to consider the merits of this case.2

ISSUES

The issues are: (1) whether OWCP properly suspended appellant’s compensation benefits,

effective April 25, 2021, for failure to submit a Form CA-1032, as requested; (2) whether OWCP 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that, following the July 28, 2021 decision, appellant submitted additional evidence to OWCP. 

However, the Board’s Rules of Procedures 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

properly determined that appellant received an overpayment of compensation in the amount of 

$21,660.87 for which he was without fault, for the period February 1, 2020 through May 22, 2021, 

because he concurrently received FECA wage-loss compensation and Social Security 

Administration (SSA) age-related retirement benefits without an appropriate offset; (3) whether 

OWCP properly denied waiver of recovery of the overpayment; and (4) whether OWCP properly 

required recovery of the overpayment by deducting $570.16 from appellant’s continuing 

compensation payments every 28 days.

FACTUAL HISTORY

On May 11, 2018 appellant then a 64-year-old mail handler, filed an occupational disease 

claim (Form CA-2) alleging that he developed bilateral knee and back conditions due to factors of 

his federal employment, including repetitive bending, lifting, walking, and twisting while 

unloading trailers. He noted that he first became aware of his conditions on December 22, 2015,

and realized their relationship to his federal employment on April 23, 2018. On the reverse side 

of the claim form, appellant’s retirement plan coverage was listed as the Federal Employees 

Retirement System (FERS). OWCP subsequently accepted the claim for intervertebral disc 

disorder with radiculopathy of the lumbar region, bucket-handle tear of left knee medial meniscus, 

left knee chondromalacia, and sprain of other specified parts of the right knee. It paid appellant 

wage-loss compensation on the supplemental rolls as of February 29, 2020 and on the periodic 

rolls as of March 29, 2020.

3

On February 8, 2021 OWCP informed appellant that federal regulations required him to 

execute an affidavit relative to any earnings or employment during the previous year 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 CA-1032 and return it within 30 days or his benefits would be 

suspended. OWCP sent the letter to appellant’s last known address of record. No response was 

received.

By decision dated March 31, 2021, OWCP suspended appellant’s wage-loss compensation, 

effective April 25, 2021, due to his failure to submit the Form CA-1032, as requested. It noted 

that, if he completed and returned an enclosed copy of the Form CA-1032, his compensation would 

be restored retroactively to the date it was suspended.

On April 22, 2021 OWCP received a completed FERS/SSA dual benefits form, wherein 

SSA advised that appellant reached retirement age and became eligible for SSA age-related 

retirement benefits effective February 2020. SSA reported his SSA age-related retirement benefit 

rates with a FERS offset and without a FERS offset from February 1 through December 1, 2020. 

Beginning February 2020, the SSA rate with FERS was $2,341.40 and without FERS was $970.40. 

Beginning December 2020, the SSA rate with FERS was $2,371.80 and without FERS was 

$983.00. 

On May 26, 2021 OWCP prepared a FERS offset overpayment calculation worksheet 

wherein it found a total overpayment amount of $21,660.87 for the period February 1, 2020 

3

In a notification of personnel action (PS Form 50) dated May 29, 2020, the employing establishment advised that 

appellant had voluntarily retired. The effective date of his retirement was May 31, 2020. 
3

through May 22, 2021. It determined that, during the period February 1 through November 30, 

2020, appellant received an overpayment in the amount of $13,740.13 and during the period

December 1, 2020 through May 22, 2021, he received an overpayment in the amount of $7,920.74. 

On May 26, 2021 OWCP issued a preliminary overpayment determination, finding that an 

overpayment of compensation in the amount of $21,660.87 had been created because the 

SSA/FERS offset was not applied to appellant’s age-related retirement benefits for the period 

February 1, 2020 through May 22, 2021. It determined that he was without fault in the creation of 

the overpayment. OWCP requested that appellant submit a completed overpayment recovery 

questionnaire (Form OWCP-20) to determine a reasonable payment method and advised him that 

he could request waiver of recovery of the overpayment. It further requested that he provide 

supporting financial documentation, including copies of income tax returns, bank account 

statements, bills and canceled checks, pay slips, and any other records that support income and 

expenses. Additionally, OWCP further provided an overpayment action request form and notified 

appellant that, within 30 days of the date of the letter, he could request a final decision based on 

the written evidence, or a prerecoupment hearing. No response was received.

By decision dated July 28, 2021, OWCP finalized the preliminary overpayment 

determination, finding that appellant had received an overpayment of compensation in the amount 

of $21,660.87 for the period February 1, 2020 through May 22, 2021 because it failed to offset his 

compensation payments by the portion of his SSA age-related retirement benefits that were 

attributable to his federal service. It further found that he was without fault in the creation of the 

overpayment, but denied waiver of recovery of the overpayment because the evidence of record 

was insufficient to establish that recovery of an overpayment would defeat the purpose of FECA 

or be against equity and good conscience. OWCP required recovery of the overpayment by 

deducting $570.16 every 28 days from appellant’s continuing compensation payments. 

LEGAL PRECEDENT -- ISSUE 1

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 

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

4 5 U.S.C. § 8106(b).

5 20 C.F.R. § 10.528.

6

Id.; see also id. at § 10.525.
4

ANALYSIS -- ISSUE 1

The Board finds that OWCP has met its burden of proof to suspend appellant’s 

compensation, effective April 25, 2021, for failing to submit a Form CA-1032, as requested.

On February 8, 2021 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 last known address of record and there 

is no indication that it was returned as undeliverable.7 Under the mailbox rule, a document mailed 

in the ordinary course of the sender’s business practices to the addressee’s last known address of 

record is presumed to be received by the addressee.8

The record indicates that appellant failed to timely submit the Form CA-1032 within 30 

days of OWCP’s request. He was receiving wage-loss compensation and he was, therefore,

required to complete the Form CA-1032. Appellant’s failure to file a Form CA-1032 within 30 

days supports the suspension of compensation. Thus, the Board finds that OWCP properly 

suspended his compensation benefits, effective April 25, 2021, pursuant to 20 C.F.R. § 10.528.

LEGAL PRECEDENT -- ISSUE 2

Section 8102(a) of FECA provides that the United States shall pay compensation for the 

disability or death of an employee resulting from personal injury sustained while in the 

performance of his or her duty.9 Section 8116 limits the right of an employee to receive 

compensation. While an employee is receiving compensation, he or she may not receive salary, 

pay, or remuneration of any type from the United States.10

Section 10.421(d) of OWCP’s implementing regulations requires OWCP to reduce the 

amount of compensation by the amount of any SSA age-related retirement benefits that are 

attributable to the employee’s federal service.11 FECA Bulletin No. 97-09 states that FECA 

benefits have to be adjusted for the FERS portion of SSA benefits because the portion of the SSA 

age-related retirement benefits earned as a federal employee is part of the FERS retirement 

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

Id.

9 5 U.S.C. § 8102(a).

10 Id. at § 8116.

11 20 C.F.R. § 10.421(d); see S.M., Docket No. 17-1802 (issued August 20, 2018).
5

package, and the concurrent receipt of FECA benefits and FERS benefits without an appropriate 

offset is a prohibited dual benefit.12

ANALYSIS -- ISSUE 2

The Board finds that OWCP properly determined that appellant received an overpayment 

of compensation, as he concurrently received FECA wage-loss compensation and SSA age-related 

retirement benefits, without an appropriate offset. 

OWCP paid appellant wage-loss compensation for total disability on the supplemental rolls 

as of February 29, 2020, and on the periodic rolls as of March 29, 2020. Beginning 

February 1, 2020, appellant received SSA age-related retirement benefits. As noted, a claimant 

cannot concurrently receive wage-loss compensation and SSA age-related retirement benefits 

attributable to federal service for the same period.13 The information provided by SSA indicated 

that a portion of appellant’s SSA age-related retirement benefits were attributable to his federal 

service. As OWCP neglected to offset his FECA benefits for the period February 1, 2020 through 

May 22, 2021, the Board finds that he received an overpayment of wage-loss compensation.14 

Therefore, fact of overpayment is established.15

The Board further finds, however, that this case is not in posture for decision regarding the

period and the amount of the overpayment.

As found above, appellant’s failure to timely file a Form CA-1032 resulted in the 

suspension of compensation effective April 25, 2021, pursuant to 20 C.F.R. § 10.528. The period 

of the suspension of compensation, however, partially overlaps with the period of the overpayment

of compensation from February 1, 2020 through May 22, 2021. It remains unclear whether OWCP 

accounted for the period of the suspension of compensation benefits, effective April 25, 2021,

when calculating the overpayment period and overpayment amount. A claimant is entitled to an 

overpayment decision that clearly explains how the period and amount was calculated.16 The 

Board will, therefore, remand the case for OWCP to further explain its calculation of the period 

and amount of the overpayment. 

On remand, OWCP shall determine the period and amount of the overpayment of 

compensation. It shall then issue a new preliminary overpayment determination, with an 

overpayment action request form, an overpayment recovery questionnaire, and instructions for 

12 FECA Bulletin No. 97-09 (issued February 3, 1997); see also N.B., Docket No. 18-0795 (issued January 4, 2019).

13 A.C., Docket No. 18-1550 (issued February 21, 2019).

14 Id.

15 See K.H., Docket No. 18-0171 (issued August 2, 2018).

16 R.B., Docket No. 20-0022 (issued October 28, 2020); O.R., 59 ECAB 432 (2008).
6

appellant to provide supporting financial information.17 After this and other such further 

development as deemed necessary, it shall issue a de novo decision.18

CONCLUSION

The Board finds that OWCP properly suspended appellant’s compensation benefits for 

failure to submit a Form CA-1032, as requested. The Board further finds that OWCP properly 

determined that he received an overpayment of compensation for which he was without fault, 

because he concurrently received FECA wage-loss compensation benefits and SSA age-related 

retirement benefits without an appropriate offset. The Board also finds, however, that the case is 

not in posture for decision regarding the period and the amount of the overpayment. 

ORDER

IT IS HEREBY ORDERED THAT the March 31, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed. The July 28, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed in part and set aside in part, and the case is 

remanded for further proceedings consistent with this decision of the Board.

Issued: April 19, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

17 See L.K., Docket No. 29-0416 (issued November 12, 2020).

18 In light of the Board’s disposition of Issue 2, Issues 3, and Issues 4 are rendered moot.