P.M. and Department of Veterans Affairs, Veterans Health Administration, DC Veterans Medical Center, Washington, DC (Board decision, July 10, 2015)

ECAB final decision. The Board affirmed OWCP’s December 16, 2014 suspension of P.M.’s wage-loss compensation for failure to return a required earnings report. The regulation permits retroactive reinstatement if OWCP receives the report and she remains entitled. Under 20 C.F.R. § 501.6(d), this Board decision becomes final 30 days after issuance unless the Board fixed a different period in it. A party may petition the Board for reconsideration within 30 days unless this decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

P.M. received compensation for accepted shoulder and neck conditions. OWCP mailed her a form asking for information about work and earnings and warned that benefits would be suspended if she did not return it within 30 days. The Board found no response in the record before OWCP’s decision and upheld the suspension. It noted that OWCP could restore compensation retroactively after receiving the form if she remained eligible.

Decision snapshot

• Authority: 5 U.S.C. § 8106(b) and 20 C.F.R. § 10.528, earnings reporting.
• Outcome: December 16, 2014 compensation suspension affirmed.
• Key point: The required earnings report had not been returned before OWCP issued the suspension decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
P.M., Appellant
)
)
and ) Docket No. 15-0674
) Issued: July 10, 2015
DEPARTMENT OF VETERANS AFFAIRS,
)
VETERANS HEALTH ADMINISTRATION,
)
DC VETERANS MEDICAL CENTER,
)
Washington, DC, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

DECISION AND ORDER

Before:
CHRISTOPHER J. GODFREY, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge COLLEEN DUFFY KIKO, Judge

JURISDICTION

On February 9, 2015 appellant filed a timely appeal from a December 16, 2014 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 over the merits of this case.

ISSUE

The issue is whether OWCP properly suspended appellant’s compensation for failing to submit a Form EN1032, as requested.

1
Subsequent to the filing of her appeal, appellant passed away on April 27, 2015.
2
5 U.S.C. § 8101-8193.
 FACTUAL HISTORY

OWCP accepted that on July 20, 1992 appellant, then a 43-year-old employee, suffered a sprain of left shoulder and upper arm and displacement of cervical intervertebral disc without myelopathy and paid FECA benefits. She was eventually retained on the periodic compensation rolls.

On October 7, 2014 OWCP informed appellant that federal regulations required her to make an affidavit relative to any earnings or employment during the previous year and that an EN1032 form was enclosed for that purpose. It notified her that she had to fully answer all questions on the form and return the statement within 30 days or her benefits would be suspended. The letter was mailed to appellant’s address of record. Appellant did not respond.

By decision dated December 16, 2014, OWCP suspended appellant’s compensation benefits, effective January 11, 2014,3 for failing to submit the EN1032 form, as requested. It noted that, if she completed and returned an enclosed copy of the form, her compensation benefits would be restored retroactively to the date they were suspended.

LEGAL PRECEDENT

FECA 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.4

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.5 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.6

ANALYSIS

On October 7, 2014 OWCP provided appellant with an EN1032 form. It notified her that federal regulations required her to complete the form and answer all questions concerning her employment or earnings. OWCP properly notified appellant that, if she did not completely answer all questions and return the statement within 30 days, her benefits would be suspended. The record reflects that OWCP’s letter was properly sent to her address of record.7 The record 3 The record reflects that benefits were suspended as of January 11, 2015.
4
Id. at § 8106(b).
5
20 C.F.R. § 10.528.
6
Id.; see also id. at § 10.525.
7
See J.J., Docket No. 13-1067 (issued September 20, 2013).

2 does not establish that appellant responded prior to the December 16, 2014 OWCP decision. Based on the evidence of record, the Board finds that OWCP properly suspended her compensation benefits pursuant to 20 C.F.R. § 10.528.8

On appeal appellant contends that she was hospitalized from November 2014 until January 23, 2015 and could not get her paperwork ready as she was not home to check on her mail. She argued that she should not be penalized for being ill and she would prepare the appropriate paperwork and mail it to OWCP. Appellant provided the name and number of her physician and social worker to verify that she was hospitalized during the claimed time frame. OWCP properly informed her that her benefits would be retroactively reinstated when she completed and submitted the EN1032 form to OWCP.

CONCLUSION

The Board finds that OWCP properly suspended appellant’s compensation benefits for failing to submit information on a EN1032 form, as required.

ORDER

IT IS HEREBY ORDERED THAT the December 16, 2014 decision of the Office of Workers’ Compensation Programs is affirmed.

Issued: July 10, 2015
Washington, DC

Christopher J. Godfrey, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Colleen Duffy Kiko, Judge
Employees’ Compensation Appeals Board

8
J.J., Docket No. 09-1724 (issued March 1, 2010). See also James A. Igo, 49 ECAB 189 (1997).

3