H.L. and U.S. Postal Service, Miami General Mail Facility (Board decision, May 22, 2026)

ECAB final decision. The Board reversed OWCP's February 9, 2026 overpayment decision because the alleged overlap was not established. 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 postal worker elected federal retirement benefits after receiving FECA compensation. OWCP declared a $6,027.56 overpayment for May 1 through June 14, 2025, alleging concurrent retirement and FECA payments. The Board found that the record did not establish that the worker actually received retirement payments during the same period and reversed the overpayment decision.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: OWCP's $6,027.56 overpayment determination was reversed.
• Key point: An annuity start date did not prove that retirement payments and FECA payments were actually received concurrently.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
H.L., Appellant
)
)
and ) Docket No. 26-0334
) Issued: May 22, 2026
U.S. POSTAL SERVICE, GENERAL MAIL
)
FACILITY, Miami, FL, Employer
)
__________ )

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

ORDER REVERSING CASE

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On February 24, 2026 appellant filed a timely appeal from a February 9, 2026 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0334.

On July 13, 2020 appellant, then a 68-year-old sales and services/distribution associate, filed a traumatic injury claim (Form CA-1) alleging that on July 6, 2020 she sustained multiple injuries when a general-purpose container fell on her while in the performance of duty. She stopped work on the date of injury. OWCP accepted appellant’s claim for multiple conditions of the right forearm, sternum, abdominal wall, back, shoulders, and knees. It paid her wage-loss compensation for disability from work on the supplemental rolls, effective February 8, 2021, and on the periodic rolls, effective June 20, 2021.1

1
OWCP assigned the present claim OWCP File No. xxxxxx617. Under OWCP File No. xxxxxx836, it accepted an August 17, 2009 traumatic injury resulting in bilateral wrist sprains, and bilateral contusions of the wrists, hands, and knees. Under OWCP File No. xxxxxx545, appellant filed a claim for an occupational disease (Form CA-2) for a left shoulder injury which OWCP denied on March 2, 2023. OWCP administratively combined OWCP File Nos. xxxxxx545, xxxxxx617, and xxxxxx836 designating the latter as the master file.
In July 8 and December 2, 2025 letters, OWCP requested that the Office of Personnel Management (OPM) provide information regarding whether any OPM retirement annuity payments had been made to appellant and, if so, to identify the period they had been made.

In a December 18, 2025 letter to OPM, OWCP asserted that appellant elected to receive OPM benefits effective May 1, 2025 in lieu of Federal Employees’ Compensation Act (FECA) benefits. It requested that OPM, “[r]eimburse [OWCP] the amount of $6,027.56 for FECA benefits paid during the period [May 1 through June 14, 2025].” It further indicated that appellant elected benefits under the Civil Service Retirement System (CSRS)/Federal Employees Retirement System (FERS) effective May 1, 2025, but continued to receive disability compensation benefits under FECA through June 14, 2025. OWCP stated, “Please state whether [appellant] received retirement benefits under FERS/CSRS during this period; and if so, provide the amount paid and the beginning and end dates of the period for which retirement benefits were paid concurrently with FECA disability compensation benefits.”

In a December 18, 2025 letter to OWCP, OPM indicated that “OPM began making payments to [appellant] effective May 1, 2025.”2 OPM attached a form (Form RI 20-8) which indicated that an “annuity commenced effective” May 1, 2025 in the form of a “monthly gross annuity” of $4,360.00.

On December 18, 2025 OWCP issued a preliminary overpayment determination that an overpayment of compensation was created in the amount of $6,027.56, for the period May 1 through June 14, 2025, because appellant received prohibited dual benefit payments. It explained that the overpayment occurred because she concurrently received both FECA benefits and OPM retirement annuity benefits during this period, which resulted in a prohibited dual benefit payment. OWCP also made a preliminary determination that appellant was without fault in the creation of the overpayment. It provided her with an overpayment action request form, and an overpayment recovery questionnaire (Form OWCP-20). It afforded her 30 days to respond.

In a February 5, 2026 letter, OWCP again requested that OPM provide information regarding whether any OPM retirement annuity payments had been made to appellant and, if so, to identify the period they had been made. No response was received by OWCP.

By decision dated February 9, 2026, OWCP finalized the preliminary overpayment determination, finding that appellant received an overpayment of compensation in the amount of $6,027.56 for the period May 1 through June 14, 2025, and that she was without fault in the creation of the overpayment. It denied waiver of recovery of the overpayment as she had not submitted the requested financial information.

The Board, having duly considered this matter, finds that OWCP improperly determined that appellant received an overpayment of compensation in the amount of $6,027.56 for the period May 1 through June 14, 2025.

2
OPM also stated, “This letter is to inform you that OPM is unable to reimburse OWCP for the overpayment from [appellant’s] annuity. You will need to contact [appellant] to resolve the overpayment with her.”

2
Section 8102(a) of FECA provides that the United States shall pay compensation for the disability of an employee resulting from personal injury sustained while in the performance of his or her federal employment.3 Section 8116 limits the right of an employee to receive compensation. While an employee is receiving compensation, he or she may not receive salary, pay, or remuneration of any type from the United States.4 Section 10.421(a) of OWCP’s implementing regulations provides that a beneficiary may not receive wage-loss compensation concurrently with a federal retirement or survivor annuity.5 The beneficiary must elect the benefit that he or she wishes to receive.6 OWCP’s procedures also explain that the employee must make an election between FECA benefits and OPM benefits.7

While the record reflects that appellant received FECA compensation for this period, the Board finds that OWCP has not established that she also received OPM retirement benefits for this period.8

Although the record contains a December 18, 2025 letter and form in which OPM indicated that she began to receive annuity benefits effective May 1, 2025, the record lacks specific information regarding the total amount of such possible payments and whether they continued for the length of the declared overpayment, May 1 through June 14, 2025. On February 5, 2026 OWCP requested that OPM provide information regarding whether any OPM retirement annuity payments had been made to appellant and, if so, to identify the period they had been made. Such information would be necessary to establish whether she had received OPM benefits for the period in question which, along with the receipt of FECA benefits, would constitute a prohibited dual payment.9 OWCP did not receive a response from OPM to this request and it issued its February 9, 2026 final overpayment decision without clarifying this matter.

The Board has previously held that the mere fact that a claimant received FECA benefits after the effective date of an OPM election will not establish receipt of a prohibited dual benefit.10 While the record reflects that appellant received FECA benefits for this period, the Board finds that OWCP had not established that she also received OPM benefits for that same period.11

3
5 U.S.C. § 8102(a).
4
Id. at § 8116.
5
20 C.F.R. § 10.421(a).
6
Id.
7
See Federal (FECA) Procedure Manual, Part 2 -- Claims, Dual Benefits, Chapter 2.1000.4a (January 1997); see also R.S., Docket No. 11-0428 (issued September 27, 2011).
8
See M.C., Docket No. 18-0074 (issued August 1, 2019); R.R., Docket No. 18-0032 (issued May 3, 2018).
9
See S.F., Docket No. 17-1935 (issued August 13, 2018).
10
C.P., Docket No. 19-0732 (issued September 5, 2019); B.H., Docket No. 13-1955 (issued January 29, 2014).
11
R.R., Docket No. 18-0032 (issued May 3, 2018); E.R., Docket No. 18-0084 (issued July 27, 2018).

3
Therefore, the Board finds that OWCP has not met its burden of proof to establish that the declared overpayment of compensation in the amount of $6,027.56 actually occurred.12 Accordingly,

IT IS HEREBY ORDERED THAT the February 9, 2026 decision of the Office of Workers’ Compensation Programs is reversed.

Issued: May 22, 2026
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

12
J.A., Docket No. 18-0259 (issued August 5, 2019).

4