J.C. and U.S. Postal Service (Board decision, October 12, 2012)

ECAB remand decision. The Board set aside OWCP's March 5, 2012 overpayment decision and remanded J.C.'s claim. The remanded issues remain unresolved. A party may petition the Board for reconsideration within 30 days of issuance unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

J.C., a postal employee, challenged an overpayment and denial of waiver. The appeal record lacked the memorandum explaining OWCP's decision and his financial questionnaire. The Board set aside the ruling and required OWCP to reconstruct the record and decide the matter again.

Decision snapshot

• Authority: Overpayment record completeness.
• Outcome: Decision set aside and remanded.
• Key point: The overpayment and waiver issues remain open.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.C., Appellant
)
)
and ) Docket No. 12-944
) Issued: October 12, 2012
U.S. POSTAL SERVICE, POST OFFICE,
)
Coppell, TX, Employer
)
__________ )

Appearances: Case Submitted on the Record
Cathy Wesley, for the appellant
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
RICHARD J. DASCHBACH, Chief Judge
COLLEEN DUFFY KIKO, Judge
PATRICIA HOWARD FITZGERALD, Judge

On March 21, 2012 appellant, through his representative, filed a timely appeal of a March 5, 2012 overpayment decision of the Office of Workers’ Compensation Programs (OWCP). The Board assigned Docket No. 12-944.

The Board has duly considered the matter and concludes that the case is not in posture for decision. In finding that appellant received an overpayment of compensation in the amount of $793.19 from August 3 to 27, 2011 after he returned to work and denying waiver of recovery of the overpayment, OWCP advised him, in the March 5, 2012 decision, that “The reasons for this decision are explained in the enclosed memorandum.” The record does not contain the memorandum. The record also does not contain a copy of appellant’s completed overpayment recovery questionnaire (Form OWCP-20) which OWCP stated, on February 21, 2012, it had received.

Section 501.2(c) of the Board’s Rules of Procedure,1 provides that the Board has jurisdiction “to consider and decide appeals from final decisions of OWCP in any case arising under FECA [Federal Employees’ Compensation Act].”2 Additionally, the Board’s review is 1 20 C.F.R. § 501.2(c).
2
5 U.S.C. § 8101 et seq. limited to the evidence which was before OWCP at the issuance of the final decision.3 Since the record as transmitted to the Board does not contain evidence that OWCP relied upon in reaching its final decision, the Board is unable to properly “consider and decide” the overpayment issue in this case. The March 5, 2012 OWCP decision must be set aside and the case remanded to OWCP for reconstruction and proper assemblage of the record, to be followed by an appropriate merit decision pursuant to 5 U.S.C. § 8128(b)(1) to protect appellant’s appeal rights.

IT IS HEREBY ORDERED THAT the March 5, 2012 decision of the Office of Workers’ Compensation Programs be set aside and the case remanded to OWCP for further action consistent with this order of the Board.

Issued: October 12, 2012
Washington, DC

Richard J. Daschbach, Chief Judge
Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

Patricia Howard Fitzgerald, Judge
Employees’ Compensation Appeals Board

3
See supra note 1.

2