DATE: December 8, 1997

CASE NO: 98-DCA-1

In the Matter of:

JOHN STARNATER
   Petitioner

    v.

U.S. DEPARTMENT OF LABOR,
OFFICE OF WORKERS'
COMPENSATION PROGRAMS,
    Respondent

   This case arises under Section 5 of the Debt Collection Act of 1982, (Pub. L. 97-365), 5 U.S.C. 5514 (The "DCA"), and the implementing regulations at 29 C.F.R. § 20.74 et seq. The DCA authorizes agency heads to deduct amounts from an employee's pay to satisfy a debt owing to the United States. Respondent, the U.S. Department of Labor, Office of Workers' Compensation Programs ("OWCP"), determined that Petitioner's pay should be offset to satisfy a debt resulting from payments which were made to Petitioner pursuant to the Federal Employees' Compensation Act ("FECA").

   On December 1, 1997, Respondent filed a Motion to Dismiss this matter. Respondent asserts that a review of the OWCP case file revealed that the overpayment which formed the subject of this proceeding was improperly calculated and is in need of recalculation.¹ Thus, Respondent no longer seeks salary offset of the debt which formed the subject of this proceeding, and requests that the matter be dismissed.

   Accordingly, this matter is hereby DISMISSED.

   SO ORDERED.

      JOHN M. VITTONE
      Chief Administrative Law Judge

JMV/pmb

¹In the event that the OWCP issues another formal determination that an overpayment has occurred, Respondent may seek a salary offset in the event that the overpayment is not repaid. Petitioner will likewise be entitled to another appeal of such a determination.