If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to waive recovery of it?

  1. Law
  2. CFR 20
  3. Employees' Benefits
  4. Office of Workers' Compensation Programs, Department of Labor
  5. Federal Employees' Compensation Act
  6. Claims for Compensation Under the Federal Employees' Compensation Act, as Amended
  7. Compensation and Related Benefits
  8. Overpayments
  9. If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to waive recovery of it?

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§ 10.434 If OWCP finds that the recipient of an overpayment was not at fault, what criteria are used to decide whether to waive recovery of it?

If OWCP finds that the recipient of an overpayment was not at fault, repayment will still be required unless:

(a) Adjustment or recovery of the overpayment would defeat the purpose of the FECA (see § 10.436), or

(b) Adjustment or recovery of the overpayment would be against equity and good conscience (see § 10.437).


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