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U. S. DEPARTMENT OF LABOR

 

Employees’ Compensation Appeals Board

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In the Matter of GLORIA A. JOHNSON and U.S. POSTAL SERVICE,

POST OFFICE, Washington, D.C.

 

Docket No. 96-1478; Submitted on the Record;

Issued September 10, 1998

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DECISION and ORDER

 

Before   GEORGE E. RIVERS, DAVID S. GERSON,

A. PETER KANJORSKI

 

 

            The issues are:  (1) whether appellant received a $6,593.75 overpayment of compensation for the period January 12, 1991 to October 15, 1994; (2) whether the Office of Workers’ Compensation Programs abused its discretion by refusing to waive recovery of the overpayment; and (3) whether the Office properly required repayment of the overpayment by deducting $100.00 from appellant’s compensation payments every month.

            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 dated and finalized February 12, 1996 is in accordance with the facts and the law in this case and hereby adopts the findings and conclusions of the Office hearing representative.[1]


            The decision of the Office of Workers’ Compensation Programs dated and finalized February 12, 1996 is affirmed.

Dated,  Washington, D.C.

            September 10, 1998

 

 

 

 

                                                                                                            George E. Rivers

                                                                                                            Member

 

 

 

 

                                                                                                            David S. Gerson

                                                                                                            Member

 

 

 

 

                                                                                                            A. Peter Kanjorski

                                                                                                            Alternate Member



     [1] On appeal appellant indicated that her monthly expenses had increased, but the Board cannot consider such evidence for the first time on appeal; see 20 C.F.R. § 501.2(c).