United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.G., Appellant

and

DEPARTMENT OF THE NAVY, 

PHILADELPHIA NAVAL SHIPYARD, 

Philadelphia, PA, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 21-0895

Issued: May 10, 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

JANICE B. ASKIN, Judge

JURISDICTION

On April 26, 2021 appellant filed a timely appeal from a March 15, 2021 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 the case.

ISSUE

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

benefits, pursuant to 5 U.S.C. § 8123(d), effective February 1, 2020, for failure to submit the 

EN-1032 form as requested. 

1

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On December 20, 1983 appellant, then a 33-year-old laborer, filed a traumatic injury claim 

(Form CA-1) alleging that, on that date, he slipped on a piece of wood and injured his left shoulder. 

OWCP accepted the claim for dislocation of the left shoulder. It paid appellant wage-loss 

compensation on the periodic rolls as of June 16, 2002. 

OWCP periodically requested that appellant submit financial disclosure statements (Form 

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

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

On November 30, 2018 OWCP received an incomplete Form EN-1032 from appellant. 

On February 13, 2019 OWCP notified appellant that his Form EN-1032 received on

November 30, 2018 was incomplete, as he had not properly completed questions 1 and 3, and 

indicated that additional information was required. It advised that he was required to fully answer 

all questions on the EN-1032 form and return it within 30 days or his benefits would be suspended 

pursuant to 20 C.F.R. § 10.528. OWCP mailed the form to appellant’s last known address of 

record. No response was received.

By decision dated January 29, 2020, OWCP suspended appellant’s wage-loss 

compensation benefits, effective February 1, 2020, for failure to submit the EN-1032 form as 

requested. It noted that he had not responded to its February 13, 2019 letter. OWCP advised that, 

if appellant fully completed and returned an enclosed copy of the EN-1032 form, it would restore 

his wage-loss compensation benefits retroactive to the date of suspension.

On March 9, 2020 appellant requested reconsideration. He included a copy of his 

completed Form EN-1032. 

On October 6, 2020 appellant submitted his pay stubs from 2018 and 2019. 

By decision dated March 15, 2021, OWCP denied modification of the January 29, 2020 

suspension of appellant’s compensation benefits. 

LEGAL PRECEDENT

Section 8106(b) of FECA2 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 

2

Id.

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 improperly suspended appellant’s wage-loss compensation 

benefits, pursuant to 5 U.S.C. § 8123(d), effective February 1, 2020. 

In a February 13, 2019 letter mailed to appellant’s address of record, OWCP informed him

that he needed to complete, sign, and return a Form EN-1032, and that failure to return the 

requested document within 30 days would lead to the suspension of his compensation benefits. By 

decision dated January 29, 2020, it suspended his wage-loss compensation benefits, effective 

February 1, 2020, for failure to submit the EN-1032 form as requested. OWCP advised that, if 

appellant fully completed and returned an enclosed copy of the EN-1032 form, it would restore his 

wage-loss compensation benefits retroactive to the date of suspension. Appellant returned a 

completed Form EN-1032 that was received by OWCP with his request for reconsideration on 

March 9, 2020. OWCP, however, in its March 15, 2021 decision, denied modification of the 

January 29, 2020 suspension decision. 

Although appellant did not submit the form within 30 days of OWCP’s February 13, 2019 

letter, he subsequently responded and complied with its instructions to fully complete the EN-1032 

form. OWCP should have reinstated his compensation retroactive to the effective date of 

suspension, which in this case was February 1, 2020.

6

 The Board thus finds that OWCP’s 

March 15, 2021 denial of modification is erroneous, and the suspension of appellant’s

compensation benefits was improper.7 The case will be remanded to OWCP for reinstatement of 

appropriate compensation benefits.

CONCLUSION

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

benefits, pursuant to 5 U.S.C. § 8123(d), effective February 1, 2020.

4

20 C.F.R. § 10.528; see also R.B., Docket No. 20-0176 (issued June 25, 2020); A.H., Docket No. 15-241 (issued 

April 3, 2015).

5

Id.

6

Id.

7

See C.S., Docket No. 19-0331 (issued May 24, 2019); S.F.,Docket No. 12-1821 (issued January 25, 2013);H.A., 

Docket No. 11-1192 (issued May 24, 2012); W.F., Docket No. 11-0877 (issued March 9, 2012).
4

ORDER

IT IS HEREBY ORDERED THAT the March 15, 2021 decision of the Office of 

Workers’ Compensation Programs is reversed.

Issued: May 10, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board