U. S. DEPARTMENT OF LABOR
Employees’ Compensation Appeals Board
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In the Matter of CAESAR O. RUCKER and U.S. POSTAL SERVICE,
POST OFFICE, Inglewood, Calif.
Docket No. 96-1924; Submitted on the Record;
Issued August 20, 1998
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DECISION and ORDER
Before GEORGE E. RIVERS, WILLIE T.C. THOMAS,
MICHAEL E. GROOM
The issues are: (1) whether the Office of Workers’ Compensation Programs properly determined that an overpayment of compensation occurred in the amount of $5,951.04 for intermittent periods from October 15, 1986 through December 31, 1994 when appellant received compensation for temporary total disability when he should have received loss of wage-earning capacity compensation based on his actual earnings during that period; (2) whether the Office properly found that appellant was without fault in the creation of the overpayment; (3) whether the Office properly denied waiver of the overpayment; and (4) whether the Office acted properly in withholding $200.00 from each of appellant’s continuing compensation checks to recover the overpayment.
The Board has given careful consideration to the issues involved, the contentions of appellant on appeal, and the entire case record. The Board finds that the decision of the hearing representative of the Office of Workers’ Compensation Programs dated February 26, 1996 is in accordance with the facts and law in this case and hereby adopts the findings and conclusions of the Office’s hearing representative.
The decision of the Office of Workers’ Compensation Programs dated February 26, 1996 is hereby affirmed.
Dated, Washington, D.C.
August 20, 1998
George E. Rivers
Member
Willie T.C. Thomas
Alternate Member
Michael E. Groom
Alternate Member