United States Department of Labor

Employees’ Compensation Appeals Board

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P.S., Appellant

and

U.S. POSTAL SERVICE, MAIN POST OFFICE, 

Napa, CA, Employer

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Docket No. 23-0563

Issued: October 11, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 1, 2023 appellant filed a timely appeal from a November 17, 2022 merit decision 

of the Office of Workers’Compensation Programs (OWCP).1 Pursuant to the Federal Employees’

Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has jurisdiction to 

consider the merits of this case.

ISSUE

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

benefits, effective November 17, 2022, for failure to complete a Form CA-1032, as requested. 

1 The Board notes that,following the November 17, 2022 decision, OWCP received additional evidence. 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

5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On February 7, 1987 appellant then a 37-year-old carrier, filed a traumatic injury claim 

(Form CA-1) alleging that on February 6, 1987 she injured her lower back and both legs lifting 

parcels from a tub into her vehicle while in the performance of duty. She initially stopped work 

on February 9, 1987. OWCP accepted this claim for low back strain and lumbar herniated disc 

L5-S1. Appellant filed a notice of recurrence (Form CA-2a) on April 2, 1992 alleging that she 

sustained a recurrence of disability as a result of increasing back pain due to her accepted

February 6, 1987 employment injury. She stopped work on November 2, 1992. OWCP paid 

appellant wage-loss compensation on the periodic rolls effective November 2, 1992.

OWCP periodically requested that appellant submit financial disclosure statements (Form 

CA-1032) which solicited information about her employment, volunteer work, dependent(s) 

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

On September 20, 2022 OWCP informed appellant that federal regulations required her to 

execute an affidavit regarding any earnings received or employment performed during the previous 

15 months, and that it had enclosed a Form CA-1032 for that purpose. It notified her that she must 

fully answer all questions on the enclosed Form CA-1032 and return it within 30 days, or her 

benefits would be suspended pursuant to 20 C.F.R. § 10.528. OWCP mailed the letter to 

appellant’s address of record. No response was received.

By decision dated November 17, 2022, OWCP suspended appellant’s wage-loss 

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

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

her compensation benefits would be restored retroactively to the date of suspension.

LEGAL PRECEDENT

Section 8106(b) of FECA3 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.

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

Id. at § 8106(b).

4

20 C.F.R. § 10.528; see also L.M., Docket No. 22-0387 (issued August2, 2022); R.B., Docket No. 20-0176 (issued 

June 25, 2020); A.H., Docket No. 15-0241 (issued April 3, 2015).

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 17, 2022, for failure to complete a Form CA-1032 as requested.

On September 20, 2022 OWCP provided appellant with a Form CA-1032, and notified her

that federal regulations required her to complete the form and answer all questions concerning her

employment or earnings. It properly notified her that, if she did not completely answer all 

questions and return the form within 30 days, her benefits would be suspended. The record reflects 

that OWCP’s letter was mailed to appellant’s address of record.6

Appellant, however, failed to timely submit the Form CA-1032 as requested. Her failure 

to file an CA-1032 form within 30 days properly resulted in the suspension of her wage-loss 

compensation. Thus, the Board finds that OWCP properly suspended appellant’s wage-loss 

compensation benefits, effective November 17, 2022, pursuant to 20 C.F.R. § 10.528.7

CONCLUSION

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

benefits, effective November 17, 2022, for failure to complete a Form CA-1032, as requested.

6

See M.B., Docket No. 20-0865 (issued June 15, 2021); C.C., Docket No. 17-0043 (issued June 15, 2018); A.H.,

supra note 4; (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).

7 L.M., supra note 4; K.F., Docket No. 20-1248 (issued February 8, 2021); P.M., Docket No. 16-0382 (issued 

May 19, 2016); M.W., Docket No. 15-0507 (issued June 18, 2015).
4

ORDER

IT IS HEREBY ORDERED THAT the November 17, 2022 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: October 11, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board