United States Department of Labor

Employees’ Compensation Appeals Board

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T.S., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, Chicago, IL, 

Employer

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Docket No. 20-0873

Issued: August 7, 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 11, 2020 appellantfiled a timely appeal from a February 26, 2020 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 $11,553.36 for the period April 4 through June 30, 2019 as she concurrently received 

wage-loss compensation and schedule award compensation for the same extremity; (2) whether 

1

5 U.S.C. § 8101 et seq.

2 The Board notes that,following the February 26, 2020 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

appellant was at fault in the creation of the overpayment; and (3) whether OWCP properly required 

recovery of the overpayment by deducting $500.00 from appellant’s continuing compensation 

payments every 28 days.

FACTUAL HISTORY

This case has previously been before the Board.3 The facts and circumstances of the case 

as set forth in the Board’s prior order and decision are incorporated herein by reference. The 

relevant facts are as follows.

On October 27, 2010 appellant, then a 41-year-old mail processing clerk, filed a traumatic 

injury claim (Form CA-1) alleging that on October 26, 2010 she dislocated her right shoulder while 

attempting to catch a falling bag of mail in the performance of duty. OWCP accepted the claim 

for closed anterior dislocation of the right shoulder and sprain of right shoulder and upper arm.

4

Appellant stopped work and OWCP paid appellant wage-loss compensation on the supplemental 

rolls commencing December 14, 2010 and on the periodic rolls from April 10, 2011 until 

January 9, 2012. On February 15, 2011 she underwent an OWCP-authorized right shoulder 

arthroscopic rotator cuff repair, subacromial decompression, and biceps tendon tenotomy. 

Appellant returned to full-time, full-duty work on January 9, 2012. She stopped work again with 

regard to her accepted injury under OWCP File No. xxxxxx785. OWCP paid appellant wage-loss 

compensation on the supplemental rolls as of April 5, 2012, and on the periodic rolls as of

October 20, 2013. 

On November 13, 2013 appellant filed a claim for compensation (Form CA-7) for a 

schedule award. 

On November 29, 2013 OWCP expanded the acceptance of appellant’s claim to include 

partial tear of the right rotator cuff and right shoulder impingement. 

In a November 29, 2013 development letter, OWCP requested that appellant have her 

physician provide a permanent impairment evaluation in accordance with the sixth edition of the 

American Medical Association, Guides to the Evaluation of Permanent Impairment (A.M.A., 

Guides).5

By decision dated May 13, 2015, OWCP granted appellant a schedule award for five 

percent permanent impairment of the right upper extremity. 

3 Order Dismissing Appeal, Docket No. 20-0871 (issued May 26, 2020); Docket No. 15-1455 (issued 

April 10, 2017). 

4 OWCP assigned the present claim OWCP File No. xxxxxx385. Under OWCP File No. xxxxxx783, OWCP 

accepted appellant’s occupational disease claim (Form CA-2) for bilateral carpal tunnel syndrome and tenosynovitis 

of the right hand/wrist as of February 13, 2012. OWCP has administratively combined OWCP File Nos. xxxxxx783 

and xxxxxx385, with the latter serving as the master file.

5 A.M.A., Guides (6th ed. 2009).
3

On June 25, 2015 appellant appealed to the Board. By decision dated April 10, 2017, the 

Board set aside the May 13, 2015 schedule award decision.6 The Board found that OWCP had 

inconsistently applied Chapter 15 of the A.M.A., Guides regarding the proper use of the diagnoses 

based impairment (DBI) and/or range of motion (ROM) methodologies in assessing the extent of 

permanent impairment. The Board remanded the case for OWCP to issue a de novo decision after 

development of a consistent method for calculating permanent impairment of the upper 

extremities. 

Following further development, by decision dated December 10, 2019, OWCP granted 

appellant a schedule award for an additional four percent permanent impairment of the right upper 

extremity, for a total of nine percent permanent impairment of the right upper extremity. The 

award payment amount of $11,553.36 ran for 12.48 weeks from April 4 through June 30, 2019. 

On December 9, 2019 OWCP paid appellant $11,553.36 via electronic funds transfer. 

In a December 11, 2019 corrected decision, OWCP granted appellant a schedule award for

an additional 5 percent permanent impairment of the right upper extremity, for a total of 10 percent 

permanent impairment of the right upper extremity. This was comprised of four percent increased 

impairment due to the right shoulder conditions and one percent impairment due to right carpal 

tunnel conditions. It also granted appellant a schedule award for one percent permanent

impairment of the left upper extremity due to the left carpal tunnel condition. The award amount 

of $16,805.88 represented 18.72 weeks of compensation covering the period April 4 through 

August 12, 2019. OWCP advised that “no additional compensation would be forthcoming. The 

compensation for your schedule award is offset by the compensation already issued for total 

disability under [OWCP File No. xxxxxx783] due to the accepted bilateral hand/wrist conditions.” 

It explained that, per OWCP’s procedures, a schedule award for one injury may be paid 

concurrently with compensation paid for wage loss for another injury as long as the two injuries 

do not involve the same part of the body and/or extremity. OWCP further explained that in this 

case, “[c]ompensation claimed for total disability cannot be paid since compensation involves the 

same extremity, the right arm.”

In a letter dated December 12, 2019, OWCP afforded appellant 14 days to return the full 

amount of the $11,553.36 payment to avoid an overpayment determination. No response was 

received.

On January 23, 2020 OWCP informed appellant of its preliminary overpayment 

determination that she received an overpayment of compensation in the amount of $11,553.36 for 

the period April 4 through June 30, 2019 as she received wage-loss compensation for total 

disability concurrently with schedule award compensation. It found that appellant was at fault in 

the creation of the overpayment because she knowingly accepted payments which she knew or 

reasonably should have known were incorrect. The preliminary determination provided an 

explanation of the calculation of the overpayment. OWCP requested that appellant complete the 

enclosed overpayment recovery questionnaire (Form OWCP-20) and submit supporting financial 

documentation. Additionally, it provided her with an overpayment action request form and 

6

Supra note 4.
4

notified her that, within 30 days of the date of the letter, she could request a final decision based 

on the written evidence or a prerecoupment hearing. 

Appellant subsequently requested waiver of recovery of the overpayment, asserting that 

she thought the monies were for the additional percentage of impairment she received. She

indicated that she first received a letter two days after the deposit had been made, which noted the 

payment was issued in error. Appellant indicated that she did not receive a letter of explanation 

until December 16 or 17, 2020, which was after the money was deposited and after she began to 

pay for her bills and holiday expenses. In a completed Form OWCP-20 dated February 1, 2010, 

she listed her total monthly income at $5,133.42 with monthly expenses of $5,570.22. Appellant

indicated that she had $5,300.00 in assets. She also submitted financial documentation. 

By decision dated February 26, 2020, OWCP finalized its preliminary overpayment 

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

$11,553.36 and that she was at fault in the creation of the overpayment. It required recovery of 

the overpayment by deducting $500.00 from her continuing compensation payments every 28 

days.

LEGAL PRECEDENT -- ISSUE 1

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.7 Section 8129(a) of FECA provides, in pertinent part: “When an 

overpayment has been made to an individual under this subchapter because of an error of fact or 

law, adjustment shall be made under regulations prescribed by the Secretary of Labor by 

decreasing later payments to which an individual is entitled.”

8

Section 8116(a) of FECA provides that, while an employee is receiving compensation or 

if he or she has been paid a lump sum in commutation of installment payments until the expiration 

of the period during which the installment payments would have continued, the employee may not 

receive salary, pay, or remuneration of any type from the United States, except in limited specified 

instances.9

Under OWCP’s procedures, a schedule award for one injury may be paid concurrently with 

compensation for wage loss paid for another injury, only if the two injuries do not involve the 

same part of the body and/or extremity.10

7

5 U.S.C. § 8102(a).

8

Id. at § 8129(a).

9

Id. at § 8116(a).

10 Federal (FECA) Procedure Manual, Part 2 --Claims, Schedule Awards and Permanent Disability Claims, Chapter 

2.808.4a(5) (February 2013). See also L.D., Docket No. 18-1317 (issued April17, 2019); E.S., Docket No. 16-1248 

(issued May 15, 2017); M.B., Docket No. 12-1344 (issued December 21, 2012).
5

ANALYSIS -- ISSUE 1

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

of compensation as she concurrently received wage-loss compensation and schedule award 

compensation for the same extremity.

Appellant received a schedule award for an additional four percent permanent impairment 

of her right upper extremity for a total of nine percent under OWCP File No. xxxxxx385. In its 

December 10, 2019 decision, OWCP listed the dates of schedule award compensation as April 4 

through June 30, 2019. However, as appellant had previously been paid wage-loss compensation 

for those dates under File No. xxxxxx783, OWCP found that she was not entitled to concurrently 

receive both wage-loss and schedule award compensation for the same part of the body. In a letter 

dated December 12, 2019, OWCP afforded appellant 14 days to return the full amount of the 

$11,553.36 payment to avoid an overpayment determination. No response was received. As 

appellant concurrently received wage-loss compensation and schedule award compensation for 

injuries to her right upper extremity, the Board finds that OWCP properly determined that an 

overpayment of compensation was created.11

The Board further finds, however, that the case is not in posture for decision with regard 

to the period and amount of the overpayment. 

In the February 26, 2020 final overpayment decision, OWCP found an overpayment in the 

amount of $11,553.36 for the period April 4 through June 30, 2019 based on the compensation 

paid for the schedule award. However, it should have instead calculated the overpayment based 

on the amount of wage-loss compensation paid.12 The Board will, therefore, remand the case for 

OWCP to determine the exact period and amount of the overpayment of compensation. 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.13 After this and other such further development as deemed necessary, OWCP shall 

issue a de novo decision.14

CONCLUSION

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

of compensation as she concurrently received wage-loss compensation and schedule award 

compensation for the same extremity. The Board further finds, however, that the case is not in 

posture for decision with regard to the period and amount of the overpayment.

11 See P.J., Docket No. 18-0248 (issued August 14, 2018); Robert Atchison, 41 ECAB 83, 87 (1989).

12 Cf. J.M.,Docket No. 17-1285 (issued October 12, 2017) (OWCP properly calculated the $2,110.15 overpayment 

by totaling the amount of compensation checks appellant received during the period February 15 through 

March 4, 2017).

13 See L.K., Docket No. 20-0416 (issued November 12, 2020).

14 In light of the Board’s disposition of Issue 1, Issues 2 and 3 are rendered moot. 
6

ORDER

IT IS HEREBY ORDERED THAT the February 26, 2020 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: August 7, 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