S.S. and U.S. Postal Service, Solvay Station (Board decision, August 4, 2025)

ECAB final decision. The Board affirmed OWCP's June 18, 2025 suspension of wage loss compensation for failure to return a requested earnings and employment form. 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 Syracuse postal worker did not return the Form EN-1032 that OWCP requested to verify employment and earnings. OWCP suspended wage loss compensation. The Board found the requested form was required and the worker had not completed it within the allowed period. It upheld the suspension.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Wage loss compensation suspended pending the required form.
• Key point: OWCP may suspend payments when a claimant fails to provide the requested earnings report.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.S., Appellant
)
)
and ) Docket No. 25-0685
)
Issued: August 4, 2025
U.S. POSTAL SERVICE, SOLVAY STATION, )
Syracuse, NY, 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 July 11, 2025 appellant filed a timely appeal from a June 18, 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 June 18, 2025, for failure to complete a Form EN-1032 as requested.

1
5 U.S.C. § 8101 et seq.
2
The Board notes that, following the June 18, 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 January 2, 1997 appellant, then a 46-year-old rural mail carrier, filed a claim for a traumatic injury (Form CA-1) alleging a lower back injury when delivering and lifting mail, while in the performance of duty. OWCP accepted the claim for lumbar strain.

On February 10, 2007 appellant filed a notice of recurrence (Form CA-2a) alleging a recurrence of disability. The record reflects that OWCP expanded the acceptance of the claim to include herniated lumbar disc, and paid appellant wage-loss compensation on the supplemental rolls effective January 20, 2007 and on the periodic rolls, effective June 8, 2008.

By letter dated May 13, 2025, OWCP informed appellant that federal regulations, at 20 C.F.R. § 10.528, required her 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 her that she must fully answer all questions on the enclosed 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. No response was received.

By decision dated June 18, 2025, OWCP suspended appellant’s wage-loss compensation benefits, effective that date, due to her failure to submit the Form EN-1032, as requested. It advised that, if she were to complete and return the form, her 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 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. 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). 5 Id.; C.G., Docket No. 24-0210 (issued August 27, 2024); P.M., Docket No. 16-0382 (issued May 19, 2016). See also 20 C.F.R. § 10.525.

2
ANALYSIS

The Board finds that OWCP properly suspended appellant’s wage-loss compensation benefits, effective June 18, 2025, for failure to complete a Form EN-1032 as requested.

On May 13, 2025 OWCP provided appellant with a Form EN-1032. It advised her that, if she did not completely fully answer all of the questions and return the form within 30 days, h er compensation benefits would be suspended. The record reflects that OWCP’s letter was properly mailed 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 the 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 June 18, 2025, pursuant to 20 C.F.R. § 10.528.11

CONCLUSION

The Board finds that OWCP properly suspended appellant’s wage-loss compensation benefits, effective June 18, 2025, for failure to complete a Form EN-1032 as requested.

6
C.B., supra note 4; A.S., supra note 4; see H.B., 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.

3
ORDER

IT IS HEREBY ORDERED THAT the June 18, 2025 decision of the Office of Workers’ Compensation Programs is affirmed.

Issued: August 4, 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