S.C. and U.S. Postal Service, North Houston Post Office (Board decision, March 12, 2025)

ECAB final decision. The Board reversed OWCP's suspension of wage-loss benefits effective January 21, 2025. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A Houston postal worker did not return an EN-1032 earnings disclosure form. The Board found the notice and form had been returned to OWCP as undeliverable, rebutting the presumption of receipt. It reversed the suspension.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Wage-loss suspension reversed.
• Key point: An undelivered request could not support suspension for nonresponse.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.C., Appellant
)
)
and ) Docket No. 25-0319
)
Issued: March 12, 2025
U.S. POSTAL SERVICE, NORTH HOUSTON )
POST OFFICE, Houston, TX, Employer )
__________ )

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

DECISION AND ORDER

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On February 3, 2025 appellant filed a timely appeal from a January 21, 2025 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

ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation benefits, effective January 21, 2025, for failure to complete an EN-1032 form as requested.

1
5 U.S.C. § 8101 et seq.
2
The Board notes that, following the January 21, 2025 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.
FACTUAL HISTORY

On December 3, 2023 appellant, then a 57-year-old rural delivery specialist, filed a traumatic injury claim (Form CA-1) alleging that on November 30, 2023, she sustained head trauma, laceration over the left eye, concussion, black eyes with swelling, a broken nose, and scrapes on the forehead, nose, upper lip, chin, right knee, and left shin when she fell in an employee parking lot while in the performance of duty. OWCP accepted the claim for head laceration; contusions of the right knee, head, scalp, neck, and eyeball; concussion with loss of consciousness; and visual disturbances. It paid appellant wage-loss compensation on the supplemental rolls as of January 15, 2024, and on the periodic rolls as of August 11, 2024.

By letter dated November 18, 2024, OWCP informed appellant that federal regulations required her to report any improvement in her medical condition, any employment, any change in the status of claimed dependents, any third-party settlement, and any income or change in income from federally assisted disability or benefit programs. It notified her that she was required to fully answer all questions on the enclosed financial disclosure statement (Form EN-1032) and return it within 30 days or her benefits would be suspended. OWCP mailed the letter to appellant’s last known address of record. However, the November 18, 2024 letter and the Form EN-1032 were returned as undeliverable to OWCP on December 2, 2024.

By decision dated January 21, 2025, OWCP suspended appellant’s compensation benefits, effective that date, for failure to complete the EN-1032 form, as requested. A copy of the EN-1032 was enclosed. It noted that if she completed and returned an enclosed copy of the form, her compensation benefits would be retroactively restored to the date they were suspended.

LEGAL PRECEDENT

Section 8106(b) of 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. 3

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
5 U.S.C. § 8106(b).
4
20 C.F.R. § 10.528. See also H.B., Docket No. 19-0405 (issued June 26, 2019); M.S., Docket No. 18-1107 (issued December 28, 2018); C.C., Docket No. 17-0043 (issued June 15, 2018); A.H., Docket No. 15-0241 (issued April 3, 2015). 5 Id.; see also id. at § 10.525.

2
ANALYSIS

The Board finds that OWCP improperly suspended appellant’s wage-loss compensation benefits, effective January 21, 2025, for failure to complete an EN-1032 form as requested.

On November 18, 2024 OWCP mailed a Form EN-1032 to appellant and notified her that federal regulations required her to complete the form and answer all questions concerning her employment or earnings. It notified her that, if she did not completely answer all questions and return the statement within 30 days, her benefits would be suspended.

The Board has held that, absent evidence to the contrary, a notice mailed in the ordinary course of business is presumed to have been received by the intended recipient. 6 The presumption is commonly referred to as the “mailbox rule.”7 The record reflects that while OWCP’s November 18, 2024 letter was properly addressed to appellant’s address of record, the letter and enclosed EN-1032 form were returned to OWCP on December 2, 2024 as undeliverable. Because the letter was returned to OWCP as undeliverable, the presumption of the mailbox rule is rebutted. Thus, the Board finds that OWCP improperly suspended appellant’s wage-loss compensation benefits, effective January 21, 2025, pursuant to 20 C.F.R. § 10.528.

CONCLUSION

The Board finds that OWCP improperly suspended appellant’s wage-loss compensation benefits, effective January 21, 2025, for failure to complete an EN-1032 form as requested.

6
N.B., Docket No. 23-1157 (issued March 12, 2024); E.G., Docket No. 20-1184 (issued March 1, 2021); R.L., Docket No. 20-0186 (issued September 14, 2020); Claudia J. Whitten, 52 ECAB 483 (2001). 7 L.L., Docket No. 21-1194 (issued March 18, 2022); C.C., supra note 4; A.H., supra note 4.

3
ORDER

IT IS HEREBY ORDERED THAT the January 21, 2025 decision of the Office of Workers’ Compensation Programs is reversed.

Issued: March 12, 2025
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

4