United States Department of Labor

Employees’ Compensation Appeals Board

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T.P., Appellant

and

U.S. POSTAL SERVICE, MEDRANO POST 

OFFICE, Dallas, TX, Employer

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Docket No. 21-1271

Issued: April 21, 2022

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 18, 2021 appellant filed a timely appeal from a July 14, 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 this case.2

ISSUES

The issues are: (1) whether appellant received an overpayment of compensation in the 

amount of $1,691.23, for the period November 20, 2020 through January 2, 2021, for which she 

was without fault, because she continued to receive wage-loss compensation for total disability 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that appellant submitted additional evidence following the July 14, 2021 decision. 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 evidence for 

the first time on appeal. Id.
2

after she returned to part-time, limited-duty work; and (2) whether OWCP properly denied waiver 

of recovery of the overpayment.

FACTUAL HISTORY

On June 13, 2017 appellant, then a 39-year-old mail carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on that day she tripped and sprained her right ankle while in the 

performance of duty. She stopped work on June 17, 2017.

OWCP initially accepted the claim for right ankle sprain. It subsequently expanded the 

acceptance of the claim to include right leg peroneal tendinitis, right lower leg tendon sheath 

abscess, right ankle ankylosis, and right ankle and foot ganglion cyst. OWCPpaid appellant wageloss compensation on the supplemental rolls as of July 29, 2017 and on the periodic rolls as of 

August 20, 2017.3 

In a December 30, 2020 memorandum of telephone call(Form CA-110), appellant notified 

OWCP that she had returned to work on November 20, 2020.

4

In a preliminary overpayment determination dated May 3, 2021, OWCP advised appellant 

that an overpayment of compensation in the amount of $2,642.84, had been created during the 

period December 6, 2020 through January 2, 2021, because she continued to receive compensation 

for total disability after she returned to work. It related that she had received 44 days of 

overpayment during the period in question. OWCP also related that a preliminary finding had 

been made that appellant was at fault in the creation of the overpayment because she accepted a 

payment that she knew or reasonably should have known to be incorrect. It provided an 

overpayment action request form, informed appellant of her appeal rights, and instructed her to 

complete an enclosed overpayment recovery questionnaire (Form OWCP-20) and submit 

supporting documentation within 30 days.

On May 5, 2021 OWCP received a claim for compensation (Form CA-7) dated 

February 22, 2021 wherein appellant claimed intermittent disability from November 21, 2020 

through January 2, 2021. On May 7, 2021 it received a Form CA-7 dated May 5, 2021, wherein 

appellant again claimed intermittent disability for the period November 21, 2020 through 

January 2, 2021. An accompanying time analysis form (Form CA-7a) reflected that appellant 

claimed 28.3 hours of leave without pay (LWOP) from November 21, 2020 to December 8, 2020; 

23.8 hours of LWOP from December 9 to 23, 2020; and 9.97 hours of LWOP from December 24,

2020 to January 2, 2021, totaling 62.07 hours.

On June 10, 2021 OWCP notified appellant that a preliminary overpayment determination 

was made that she had received an overpayment of compensation in the amount of amount of 

$1,691.23 for the period November 20, 2020 through January 2, 2021, because she continued to 

3 On December 5, 2020 OWCP paid appellant $2,453.00 (gross)/$1,681.81 (net) for the period November 8 through 

December 5, 2020. 

4 On January 2, 2021 OWCP paid appellant $2,453.00 (gross)/$1,681.81 (net) for the period December 6 through 

January 2, 2021.
3

receive wage-loss compensation for total disability after she returned to part-time, limited-duty

work, effective November 20, 2020. It further found that she was without fault in the creation of 

the overpayment because she was not aware, nor could she reasonably have been expected to be 

aware, that OWCP had paid compensation incorrectly.

An attached OWCP overpayment memorandum and fiscal worksheet noted that appellant 

was on the periodic rolls and received gross compensation every 28 days through January 2, 2021. 

OWCP advised appellant that she had received gross compensation from November 20, 2020 

through January 2, 2021 in the amount of $2,642.84. However, appellant had returned to parttime, limited-duty work on November 20, 2020, and was entitled to $951.61 of wage-loss 

compensation for 62.07 hours of LWOP during this same period. OWCP calculated that $2,642.84 

in wage-loss compensation thatshe was paid, minus the $951.61 to which she was entitled, resulted 

in an overpayment of $1,691.23 for the period November 20, 2020 through January 2, 2021. It

explained that appellant was without fault because less than 30 days elapsed between the date that 

the electronic funds transfer (EFT) was made and the date OWCP was informed that she was back 

to work. OWCP provided an overpayment action request form, informed appellant of her appeal 

rights, instructed her to complete an enclosed Form OWCP-20 and submit supporting 

documentation including copies of tax returns, bank account statements, bills and cancelled 

checks, pay slips, and other records, which supported the income and expenses listed. OWCP 

advised that, under 20 C.F.R. § 10.438, failure to submit the requested information within 30 days 

would result in a denial of waiver of recovery of the overpayment. No response was received.

On June 10, 2021 OWCP paid appellant $951.61 for 62.07 hours of LWOP for the period 

November 20, 2020 through January 2, 2021. 

By decision dated July 14, 2021, OWCP finalized its preliminary overpayment 

determination that appellant received an overpayment of compensation in the amount of $1,691.23 

for the period November 20, 20205through January 2, 2021 because she continued to receive 

wage-loss compensation for total disability after she returned to part-time, limited-duty work, 

effective November 20, 2020. It found that she was without fault in the creation of the 

overpayment, but denied waiver of recovery of the overpayment, as she had not responded to the 

June 10, 2021 preliminary overpayment determination as requested. OWCP required recovery of 

the overpayment by directing appellant to submit repayment for the full amount of $1,691.23

within 30 days.

LEGAL PRECEDENT -- ISSUE 1

Section 8102 of FECA6 provides that the United States shall pay compensation for the 

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

duty.7

5 The decision lists the date as November 20, 2021; however, this appears to be a typographical error.

6

5 U.S.C. § 8102.

7

Id.
4

Section 8116 of FECA defines the limitations on the right to receive compensation benefits.

This section of FECA provides that, while an employee is receiving compensation, he or she may 

not receive salary, pay, or remuneration of any type from the United States, except in limited 

circumstances.8 OWCP’s procedures provide that an overpayment in compensation is created 

when a claimant returns to work, but continues to receive wage-loss compensation.9

ANALYSIS -- ISSUE 1

The Board finds that appellant received an overpayment of compensation for the period 

November 20, 2020 through January 2, 2021, for which she was without fault, because she 

continued to receive wage-loss compensation for total disability after she returned to part-time, 

limited-duty work.

As noted above, a claimant is not entitled to receive wage-loss compensation benefits for 

total disability and actual earnings for the same time period.10 The record establishes that appellant 

returned to part-time, limited-duty work on November 20, 2020, but she continued to receive 

compensation for total disability through January 2, 2021. Therefore, an overpayment of 

compensation for this period was created in this case.

The Board further finds, however, that this case is not in posture for decision with respect 

to the amount of the overpayment.

In the May 3, 2021 preliminary overpayment determination, OWCP informed appellant 

that an overpayment of compensation in the amount of $1,691.23 for the period November 20, 

2020 through January 2, 2021 had been created because she continued to receive wage -loss 

compensation for total disability after she returned to part-time, limited-duty work, effective 

November 20, 2020. The attached OWCP overpayment memorandum and fiscal worksheet noted 

that appellant was on the periodic rolls and received gross compensation every 28 days through 

January 2, 2021. OWCP advised appellant that she had received gross compensation from 

November 20, 2020 through January 2, 2021, in the amount of $2,642.84. However, appellant

was only entitled to $951.61 of wage-loss compensation for 62.07 hours of LWOP during this 

same period. OWCP calculated that this resulted in an overpayment of $1,691.23 for the period 

November 20, 2020 through January 2, 2021. Also on June 10, 2021, however, it paid appellant 

$951.61 for 62.07 hours of LWOP for the period November 20, 2020 through January 2, 2021. In 

8

Id. at § 8116(a).

9

See C.S., Docket No. 18-0450 (issued July 31, 2020); C.A., Docket No. 18-0092 (issued April2, 2018); Danny E. 

Haley, 56 ECAB 393 (2005); Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Initial Overpayment 

Action,Chapter 6.200.2a (September 2018).

10 20 C.F.R. § 10.500(a); Federal (FECA) Procedure Manual, Part 6 -- Debt Management, Identifying and 

Calculating an Overpayment, Chapter 6.200.1a (September 2018); see V.J., Docket No. 20-1335 (issued 

March 11, 2021).
5

the July 14, 2021 decision, OWCP finalized its preliminary overpayment determination that 

appellant received an overpayment of compensation in the amount of $1,691.23. 

The Board finds that OWCP has not adequately explained how the overpayment was 

determined. The Board notes that OWCP did not acknowledge in its final overpayment 

determination that it had paid appellant $951.61 for 62.07 hours of LWOP for the period 

November 20, 2020 through January 2, 2021. In overpayment cases, it is essential that OWCP 

provide the recipient of compensation with a clear statement showing how the overpayment was 

calculated.

11

 Due to the lack of an adequate explanation as to how the overpayment was calculated 

on the record as presented, the Board is unable to adequately review this aspect of the case. As 

the calculation of the overpayment was unclear, the Board finds that the amount of the 

overpayment is not in posture for decision.

Accordingly, the case must be remanded to OWCP.12 On remand, OWCP shall prepare 

detailed calculations setting forth the exact amounts per pay period which appellant earned and the 

amount of wage-loss compensation to which she had been entitled, accounting for the $951.61 for 

62.07 hours of LWOP for the period November 20, 2020 through January 2, 2021, which she has 

already been paid. It shall then issue a new preliminary overpayment determination, with an 

overpayment action request form, a Form OWCP-20, and instructions for appellant to provide 

supporting financial information. After this, and other such further development as necessary, 

OWCP shall issue a de novo decision.13

CONCLUSION

The Board finds that appellant received an overpayment of compensation for the period 

November 20, 2020 through January 2, 2021 for which she was without fault, because she 

continued to receive wage-loss compensation for total disability after she returned to part-time, 

limited-duty work. The Board further finds that the case is not in posture for decision regarding 

the amount of the overpayment.

11 See J.V., 20-0952 (issued February 2, 2022); S.H.,Docket No. 20-1189 (issued January 27, 2021);R.E., Docket 

No. 19-1583 (issued May 27, 2020); J.M., Docket No. 18-1505 (issued June 21, 2019); TeresaA. Ripley, 56 ECAB 

528 (2005).

12 C.M., Docket No. 19-1852 (issued October 22, 2020). 

13 In light of the Board’s disposition of Issue 1, Issue 2 is rendered moot.
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ORDER

IT IS HEREBY ORDERED THAT the July 14, 2021 decision of the Office of Workers’

Compensation Programs is affirmed in part and set aside in part. The case is remanded for further 

proceedings consistent with this decision of the Board. 

Issued: April 21, 2022

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