In the Matter of the Complaint Against: 

 MICHAEL E. MAYNOR,
 62-608 Palailai Street,
 Ewa Beach, HI  96706-1113

 P.S. Docket No. PF-10

 12/14/90

 Mason, Randolph D., Administrative Law Judge

 APPEARANCES FOR THE POSTAL SERVICE: Stephen E. Alpern, Esq.,
 Yvette Chancellor, Esq., Office of Labor Law,
 United States Postal Service, 475 L'Enfant Plaza, S.W.,
 Washington, DC 20260-1133

This proceeding arises out of a Complaint issued by the Reviewing Official of the United States Postal Service under the Program Fraud Civil Remedies Act of 1986, Pub. L. 99-509, 31 U.S.C. § 3801-3812, and 39 CFR Parts 273 and 962. The Complaint was served upon Michael Maynor ("Respondent") on October 3, 1990. To date, Respondent has failed to file a Petition as required by 39 CFR § 962.3.

By Order dated November 14, 1990, the Judicial Officer referred the Complaint to the Administrative Law Judge for processing in accordance with 39 CFR § 962.4.

In the Complaint, the Reviewing Official alleges that Respondent is liable to the Postal Service for an assessment of $13,034.10 plus a civil penalty of $10,000 under 31 U.S.C § 3802(a)(1).

In accordance with 39 CFR § 962.4(a), this Initial Decision is based upon the information contained in the Complaint.

1. Respondent Michael Maynor, 92-608 Palailai Street, Ewa Beach, Hawaii 96706-1113 is an individual previously employed as a letter carrier at the Wahiawa, Hawaii, Post Office.

2. On June 8, 1988, Respondent submitted Form CA-1, Federal Employees Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation, claiming injury to his back.

3. Respondent received Continuation of Pay for 45 days, from June 5, 1988 through July 19, 1988. Thereafter, Respondent filed for Continuation of Compensation on Account of Disability on CA-8 forms, and received workers' compensation benefits from July 20, 1988 through March 13, 1989.

4. During the time Respondent received compensation, he worked limited duty on the following dates: July 20-21, July 25, August 8, August 10-12, August 19-20, August 22, August 31, September 6, September 9, and September 13-16, 1988. Respondent claimed to be totally disabled, and unable to perform limited duty during the rest of the period during which he was receiving workers' compensation.

5. In April of 1988 Respondent began participating in stock car and demolition derby races on various Saturdays at the Hawaii Raceway Park. He usually drove in two or three races each Saturday.

6. Respondent drove in the "bomber division" for beginners in which the cars are stripped of all glass and interior padding. In each race there were six to 14 cars which drove at speeds averaging 40-45 miles per hour around the quarter-mile oval track.

7. Respondent's car would get hit by another car one or two times each lap, hard enough to cause large dents. The races lasted from five to 15 laps.

8. In a telephone conversation on August 1, 1988, Respondent informed the Post Office that he would be out until August 5, 1988 with total bed rest.

9. On August 5, 1988, Dr. Salvador Cecilio examined him and completed a disability certificate in which Respondent was totally restricted from operating a motor vehicle and lifting more than 10 pounds until August 26, 1988. Later, the doctor indicated on a form CA-20a, "Attending Physician's Supplemental Report," that based on a September 2, 1988 examination, Respondent was to continue on limited duty status with the same restrictions of not operating a motor vehicle or lifting more than ten pounds.

10. Respondent was placed on total disability on September 20, 1988.

11. Respondent drove in three races on August 13, 1988, a day on which he claimed workers' compensation. On August 16, 1988, Respondent submitted a signed PS Form 3971, "Request for or Notification of Absence," requesting "OWCP" from 9:50 a.m. on August 13, 1988, through 2:50 p.m. on August 15, 1988.

12. Respondent also raced on the following dates, during which period he was also receiving workers' compensation for total disability: September 3, 17, 24, 1988; October 8, 15, 29, 1988; and November 12, 19, and 26, 1988.

13. On October 25, 1988, Respondent stated to a postal injury compensation specialist that he is "still bad and cannot work limited duty."

14. Respondent completed, signed and filed four CA-8 forms with the Department of Labor, Office of Workers Compensation Programs, for total disability compensation covering the periods August 7, 1988 through September 1, 1988, and September 17, 1988 through November 18, 1988.

15. The first of these CA-8 forms was dated September 1, 1988