P.R. and Department of Homeland Security, Transportation Security Administration, Miami International Airport (Board decision, June 3, 2025)

ECAB final decision. The Board affirmed OWCP's suspension of wage-loss compensation effective April 4, 2025, for failure to complete Form EN-1032. 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

An airport screener received wage-loss compensation for an accepted back injury. OWCP sent him an earnings and employment questionnaire and warned that benefits would be suspended if he did not return it. The Board found that the form was properly mailed and not completed within the required period. It affirmed suspension of wage-loss benefits effective April 4, 2025.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Wage-loss compensation suspension affirmed.
• Key point: Failure to complete and return the required EN-1032 form supported suspension.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
P.R., Appellant
)
)
and ) Docket No. 25-0477
)
Issued: June 3, 2025
DEPARTMENT OF HOMELAND SECURITY, )
TRANSPORTATION SECURITY
)
ADMINISTRATION, MIAMI
)
INTERNATIONAL AIRPORT, Miami, FL, )
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
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On April 10, 2025 appellant filed a timely appeal from an April 4, 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

1
5 U.S.C. § 8101 et seq.
2
The Board notes that following the April 4, 2025 decision, OWCP received additional evidence. 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.
ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation benefits, effective April 4, 2025, for failure to complete a Form EN-1032 as requested.

FACTUAL HISTORY

On February 3, 2005 appellant, then a 56-year-old screener, filed a traumatic injury claim (Form CA-1) alleging that on January 31, 2005 he injured his back when pulling small bags from a belt to be inspected while in the performance of duty. He noted that he had three herniated discs in his lower back. Appellant did not stop work. OWCP accepted the claim for lumbar sprain, displacement of lumbar intervertebral disc without myelopathy, left; thoracic or lumbosacral neuritis or radiculitis, left; and lumbosacral spondylosis without myelopathy. The record reflects that OWCP paid appellant appropriate wage-loss compensation on the supplemental and periodic rolls.

By letter dated February 11, 2025, OWCP informed appellant that federal regulations required him to execute an affidavit relative to any earnings or employment during the previous 15 months, and that a Form EN-1032 was enclosed for that purpose. It advised him that he must fully answer all questions on the enclosed Form EN-1032 and return it within 30 days or his benefits would be suspended. OWCP mailed the letter to appellant’s last known address of record. No response was received.

By decision dated April 4, 2025, OWCP suspended appellant’s wage-loss compensation benefits, effective that date, due to his failure to submit the Form EN-1032, as requested. It advised that, if he were to complete and return the form, his compensation benefits would be restored retroactively 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

3
5 U.S.C. § 8106(b).
4
20 C.F.R. § 10.528. See R.T., Docket No. 25-0204 (issued February 10, 2025); C.B., Docket No. 24-0188 (issued May 1, 2024); A.S., Docket No. 23-0437 (issued February 16, 2024). 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).

2 time, OWCP will reinstate compensation retroactive to the date of suspension if the employee remains entitled to compensation. 5

ANALYSIS

The Board finds that OWCP properly suspended appellant’s wage-loss compensation benefits, effective April 4, 2025, for failure to complete the Form EN-1032 as requested.

On February 11, 2025 OWCP provided appellant with a Form EN-1032. It advised him that, if he did not completely fully answer all of the questions and return the form within 30 days, his benefits would be suspended. The record reflects that OWCP properly mailed the letter to appellant’s last known address of record, and there is no indication that it was returned as undeliverable.6 Under the mailbox rule, a document mailed in the ordinary course of the sender’s business practices to the addressee’s last known address of record is presumed to be received by the addressee. 7

The record indicates that appellant failed to timely submit a completed Form EN-1032 within 30 days of OWCP’s request. As noted above, 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. 8 Thus, the Board finds that OWCP properly suspended appellant’s compensation benefits, effective April 4, 2025, pursuant to 20 C.F.R. § 10.528.9

CONCLUSION

The Board finds that OWCP properly suspended appellant’s wage-loss compensation benefits, effective April 4, 2025, for failure to complete the Form EN-1032 as requested.

5
20 C.F.R. § 10.525; id.; C.G., Docket No. 24-0210 (issued August 27, 2024); D.W., Docket No. 23-0877 (issued November 13, 2023). 6 R.T., supra note 4; C.B., supra note 4; A.S., supra note 4; J.J., Docket No. 13-1067 (issued September 20, 2013); Kenneth E. Harris, 54 ECAB 502, 505 (2003). 7 Id.
8
Supra note 5.
9
R.T., supra note 4; see R.S., Docket No. 22-0773 (issued May 22, 2023); R.B., Docket No. 20-0176 (issued June 25, 2020); M.W., Docket No. 15-0507 (issued June 18, 2015).

3
ORDER

IT IS HEREBY ORDERED THAT the April 4, 2025 decision of the Office of Workers’ Compensation Programs is affirmed.

Issued: June 3, 2025
Washington, DC

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

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

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

4