3 FAH-1 H-3630
COMPENSATION FOR INJURY, DISABILITY, OR DEATH
(CT:POH-208; 07-06-2018)
(Office of Origin: HR/ER/WLD)
3 FAH-1 H-3631 DEFINitions
(CT:POH-152; 02-28-2012)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
5 U.S.C. 8101 contains definitions of most used terms in
this subchapter.
3 FAH-1 H-3632 Forms Used
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
FORM
|
TITLE
|
CA-0001
|
Federal Employee's Notice
of Traumatic Injury and Claim for Continuation of Pay/Compensation
|
CA-0002
|
Notice of Occupational Disease and Claim for Compensation
|
CA-0002-A
|
Notice of Recurrence
|
CA-0005
|
Claim for Compensation by Widow, Widower, and/or Children
|
CA-0005-B
|
Claim for Compensation by Parents, Brothers, Sisters,
Grandparents, Grandchildren (or other Personal Representatives)
|
CA-0007
|
Claim for Compensation on
Account of Traumatic Injury or Occupational Disability
|
CA-0007-B
|
Leave Buy-Back (LBB) Worksheet/Certification and Election
|
CA-0016
|
Authorization for Examination and/or Treatment
|
CA-0017
|
Duty Status Report
|
CA-0020
|
Attending Physicians Report
|
OWCP-1500
|
Health Insurance Claim
|
OWCP-0915
|
Claim for Medical
Reimbursement
|
OWCP-0957
|
Medical Travel Refund Request
|
3 FAH-1 H-3633 Benefits for Employees
(CT:POH-152; 02-28-2012)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
The Federal Employees Compensation Act (FECA) is a law
that provides benefits for civilian employees of the United States who have
suffered work-related injuries or occupational diseases. These benefits
include payment of medical expenses and compensation for wage loss. The FECA
also provides for payment of benefits to dependents of employees who die from
work-related injuries or diseases. The FECA provides vocational rehabilitation
services to partially disabled employees, and compensation for the permanent
loss or loss of use of specified members, functions, and organs of the body.
Employees who fully or partially recover from their injuries are expected to
return to work.
3 FAH-1 H-3633.1 Medical Services
and Other Related Benefits
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. An employee is entitled to medical coverage for the
effects of any injury provided that the Department of Labors Office of
Workers Compensation Programs (OWCP) accepts that the injury was sustained in
the performance of duty or occurred in the workplace. An employee may receive
authorized treatment from the following medical providers as long as the
treatment is signed, co-signed, or certified by a doctor:
(1) A government medical facility;
(2) A private physician if a government medical
facility is not available; or
(3) If overseas, a nurse practitioner or physicians
assistant may provide treatment from a State Department medical facility
designated by an appropriate management official; however, the medical
documentation must be co-signed by a doctor before OWCP will accept it.
b. For emergency first aid or medical treatment, any
duly qualified physician (as defined in 5 U.S.C. 8101) may be used and the Form
CA-0016, Authorization for Examination and/or Treatment, from the employing
agency should be completed to ensure OWCP medical coverage for up to 60 days,
if the claim is approved.
c. For an injury sustained by an employee while in the
performance of duty, regardless of whether disability has arisen, payments will
be made for reasonable medical, surgical, and hospital services, supplies, and
appliances upon recommendation of physician, and upkeep thereon upon request of
the injured employee. Payments may be made for necessary transportation and
other expenses associated with such services, appliances, and supplies.
d. If there is a recurrence of disability or illness
more than 6 months after final action on a case by the OWCP, to receive further
treatment at U.S. government expense, the employee must apply to the OWCP to
obtain authorization for treatment. This may be done by letter, telegram, or
telephone call by the treating physician. In the event of such recurrence, the
employee must submit Form CA-0002-A, Notice of Recurrence, with supporting
medical documentation.
3 FAH-1 H-3633.2 Financial
Benefits
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Computation of compensation: Any loss of pay or
wage earning capacity due to disability from a work injury entitles an employee
to monetary compensation. If the employee dies, the eligible dependent(s), as
described in 5 U.S.C. 8133, is entitled to compensation.
b. Leave status of employee: The injured employee may
elect to use annual or sick leave, or to go on leave without pay (LWOP) and
make an immediate claim for compensation by filing Form CA-0007, Claim for
Compensation on Account of Traumatic Injury or
Occupational Disability, along with a time analysis sheet, allowing at
least 2 weeks for the Department of Labors Office of Workers Compensation
Programs to process.
c. Commencement and duration of payments:
Compensation for loss of earnings due to total disability begins only after the
employees pay stops. Compensation based on a scheduled award or for partial
disability may be paid although the employee is working.
d. Transportation expenses: Transportation expenses
incident to securing treatment may be reimbursed under the provisions of 5
U.S.C. 8103(a)(3).
3 FAH-1 H-3633.3 Degree of
Disability
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
The determination as to the degree of disability will be
made under the provisions of the Federal Employees Compensation Act (FECA), administered by the Department of Labor.
3 FAH-1 H-3633.4 Compensation and
Reports in Case of Death
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Compensation and death benefits will be paid as
prescribed in 5 U.S.C. 8133 and 5 U.S.C. 8134.
b. For eligibility and payment information under FECA
Sections 413, 415 and 416 of the Foreign Service Act of 1980, as amended, refer
to 3 FAM 3653.
c. When an employee dies as a result of an on-the-job
injury, an eligible dependent or the dependents authorized representative must
file a claim for compensation and death benefits with the Department of Labors
Office of Workers Compensation Programs (OWCP) within 1 year after death by
submission of Form CA-0005, Claim for Compensation by Widow, Widower, and/or
Children, along with certified copies of supporting documents required by that
(Form or Form CA-0005-B, Claim for Compensation by Parents, Brothers, Sisters,
Grandparents, or Grandchildren). OWCP will
also reimburse the personal representative of the deceased up to $800, with the
submission of itemized receipts, for funeral and burial expenses under 5 U.S.C.
8134(1) and $200 for administrative costs
associated with termination of federal employment under 5 U.S.C. 8133(f).
d. If the deceased was a veteran of the United States
military or naval services, information should also be provided concerning the
organization, period of service, service number, and Veterans Administration
claim number if known.
e. Under Public Law 104-208 (the Omnibus Consolidated
Appropriations Act of 1997), federal agency heads are authorized to make a
death gratuity payment of up to $10,000 to the personal representative of a
civilian employee whose death results from an injury sustained in the line of
duty on or after August 2, 1990. The amount of the payment under this
authority must be reduced by: (1) $200, if benefits were previously paid for
administrative costs associated with termination of federal employment under 5
U.S.C. 8133(f); and (2) up to $800, if
benefits were previously paid for funeral and burial expenses under 5 U.S.C.
8134(a).
f. OWCP is
authorized to pay a death gratuity of up to a maximum of $100,000 (reduced by
the amount of any death gratuity provided under Section 413 of the Foreign
Service Act of 1980, as amended Section 1603 of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006, or any other law of the United States based on the same death).
3 FAH-1 H-3634 reporting job-incurred
illness or injury
3 FAH-1 H-3634.1 Reporting
Requirements
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
An employee who has suffered a job-incurred injury or
illness (Form CA-0001, Federal Employee's Notice
of Traumatic Injury and Claim for Continuation of Pay/Compensation, or Form CA-0002,
Notice of Occupational Disease and Claim for Compensation, respectively) should
report it to his or her immediate supervisor who will assist the employee in
obtaining emergency medical treatment and Form CA-0016, Authorization for
Examination and/or Treatment, if required which must be issued by the employing
agency, and in the preparation of the initial claim forms for the formal
written notice of injury. Even minor injuries should be reported as they can
result at a later date in more serious illnesses. Supporting medical
documentation is required within 10 work days for claims acceptance.
3 FAH-1 H-3634.2 Filing Notice of
Injury within 48 Hours
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. The injured employee or someone acting on the
employees behalf should submit Form CA-0001, Federal Employee's Notice of Traumatic Injury and Claim
for Continuation of Pay/Compensation, to the employees immediate supervisor
within 48 hours of injury or beginning of illness for transmission to the Department
of Labors Office of Workers Compensation Programs (OWCP) (see section 3 FAH-1 H-3636.2).
This is the basis for adjudicating any claim, which is presented later to the OWCP.
For reasonable cause, the Secretary of Labor may accept a notice of injury
filed later than 48 hours after injury, if the notice is filed within 3 years
and a reasonable explanation for the delay is given.
b. When the injury or illness occurs while the employee
is in official travel status, such as temporary duty (TDY), a copy of the
employees travel authorization and a statement signed by both employee and
immediate supervisor should be submitted with Form CA-0001. The statement
should show the points between which the employee was traveling when injured,
purpose of trip, time and place where the employee last performed official
duty, time and place where the employee would next have performed official duty
if the employee had not been injured, and full explanation for any deviation
from the authorized or direct route of travel.
3 FAH-1 H-3634.3 Filing of Claim
for Compensation
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. When an employee has a specific claim for partial or
total disability compensation, the employee submits a completed Form CA-0007,
Claim for Compensation on Account of Traumatic
Injury or Occupational Disability, through the employees immediate
supervisor to the bureaus workers compensation specialist for transmission to
the Department of Labors Office of Workers Compensation Programs (OWCP).
Form CA-0007 should be filed with the OWCP 14 days after pay stops, or when
disability terminates if the pay loss is less than 14 days. Form CA-7 should
be completed by the injured employee and immediate supervisor. The Form CA-0020,
Attending Physicians Report (which is attached to the Form CA-0007), should be
completed by the employees physician.
b. The employee should submit itemized bills for claim
reimbursement for authorized medical expenses on Form OWCP-915-915, Claimant
Medical Reimbursement Form. To claim reimbursement for travel expenses
incurred incident to treatment, a Form OWCP-0957, Medical Travel Refund
Request, should be completed. Both forms should be submitted with receipts, if
applicable, to:
U.S. Department of Labor
DFEC Central Mailroom
P.O. Box 8300
London, KY 40742-8300
(Mailroom: DO NOT OPEN)
3 FAH-1 H-3634.4 Filing of Claim
for Continued Compensation
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff) and WAEs)
The employee is to submit Form CA-0007, Claim for
Compensation on Account of Traumatic Injury or
Occupational Disability (see section 3 FAH-1 H-3636.2),
at the close of each pay period to the Department of Labors Office of Workers
Compensation Programs (OWCP), or until the employee is notified by OWCP that
further submission is no longer necessary.
3 FAH-1 H-3635 SUPERVISORY PROCEDURES
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
Immediate supervisors and other administrative personnel
are responsible for assuring that:
(1) Required emergency treatment is provided to the
injured employee (Form CA-0016, Authorization for Examination and/or Treatment;
must be issued by the employing agency);
(2) The injured employee is aware of his or her full
rights under 5 U.S.C. 8101 - 5 U.S.C. 8150 and the procedures to obtain
benefits;
(3) Supervisors understand and carry out their
responsibilities under these regulations and provide the Workers Compensation
Preparedness Kit for traumatic injuries or Workers Compensation Kit Fatal
Claims for fatalities;
(4) The employee is aware of preferred option to file
claim forms electronically. Exception: manual claim forms shall be completed
and filed by the employee at post or by bureau;
(5) An adequate supply of OWCP forms are available;
and
(6) The injured employee is aware of agency intranet
website guidance for filing electronic claim forms for workers compensation
benefits.
Normally, the regional bureau executive office, or, if
abroad, the personnel or management officer is responsible for carrying out
these functions. However, if a Department of State facility is not serviced by
an on-site personnel or management officer, these functions are the
responsibility of the officer in charge.
3 FAH-1 H-3635.1 Report of Injury
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. The immediate supervisor of an injured employee is
responsible for asking probing questions, investigating the cause of injury to
the employee, and ensuring page 2 of Form CA-0001, Federal Employee's Notice of Traumatic Injury and Claim
for Continuation of Pay/Compensation, is completed (see section 3 FAH-1 H-3636.2)
for the Department of Labors Office of Workers Compensation Programs (OWCP)
processing when the injury is likely to:
(1) Result in a medical claim against the OWCP;
(2) Result in disability for work beyond the day of
injury;
(3) Require prolonged treatment;
(4) Result in future disability; and
(5) Result in permanent disability.
b. If any witnesses were present at the time of injury,
the immediate supervisor should obtain signed statements from them. These
statements should be noted on the first page of Form CA-0001.
3 FAH-1 H-3635.2 Report of
Termination of Disability
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
If total or partial disability terminates and the employee
returns to work, or if death occurs, the immediate supervisor is to complete Form DS-1971, Termination Certification Statement, in duplicate (see 3 FAH-1 H-3636.2).
Form DS-1971 need not be completed if the employees return to duty has been
reported on for Form CA-0001, Federal Employee's Notice
of Traumatic Injury and Claim for Continuation of Pay/Compensation.
3 FAH-1 H-3636 bureau and post
procedures to transmit and retain Forms
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Domestically the workers compensation Human
Resources (HR) coordinator serves as the employees point of contact (POC) and
is located in each bureaus executive office is responsible for forwarding all
forms and medical reports to the Department of Labor. Overseas this function
is performed by the administrative/HR officer at posts HR section.
b. Whenever forms are transmitted to the Department of
Labors Office of Workers Compensation, the bureau or post retains a copy of
all documents for 3 years after the case is closed for possible reference in
connection with a claim.
3 FAH-1 H-3636.1 Claims for Compensation
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. If the injury results in a claim for compensation by
the employee, the immediate supervisor, or other appropriate officer completes
the Official Supervisor Report on Form CA-0001, Federal Employee's Notice of Traumatic Injury and Claim
for Continuation of Pay/Compensation, and the Statement of Official Superior
on Form CA-0007, Claim for Compensation on
Account of Traumatic Injury or Occupational Disability. In each
instance, the person completing the form is required to ensure that the agency
or the overseas establishment are clearly identified by completing the agency
address block and inserting the appropriate agency code on the Form CA-0001.
b. The following is a list of appropriate agency codes
used to identify Department of State claims:
DOMESTIC OFFICES
|
CODE
|
AF(domestic)
|
1308-00
|
AF (overseas)
|
1314-AF
|
EAP (domestic)
|
1306-00
|
EAP (overseas)
|
1314-EA
|
EUR (domestic)
|
1305-00
|
EUR (overseas)
|
1314-EU
|
NEA (domestic)
|
1307-00
|
NEA (overseas)
|
1314-NE
|
SCA (domestic)
|
1340-00
|
SCA (overseas)
|
1314-SA
|
WHA (domestic)
|
1339-00
|
WHA (overseas)
|
1314-WH
|
A
|
1302-00
|
AC/VC
|
1335-00
|
CA
|
1311-00
|
DS
|
1315-00
|
ECA/IIP
|
1323-00
|
EB
|
1310-00
|
FSI
|
1324-00
|
H
|
1327-00
|
HR
|
1302-00
|
INL
|
1329-00
|
INR
|
1312-00
|
IRM
|
1317-00
|
IO
|
1309-00
|
L
|
1322-00
|
MED
|
1330-00
|
NP
|
1337-00
|
OBO
|
1302-00
|
OES/DRL
|
1332-00
|
OIG
|
1303-00
|
PA
|
1313-00
|
PRM
|
1333-00
|
RP
|
1334-00
|
S/CPR
|
1300-00
|
S/S
|
1300-00
|
S/CRC
|
1302-CR
|
3 FAH-1 H-3636.2 Transmission of
Documents to the Office of Workers Compensation (OWCP)
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Domestic claim forms filed from the Washington
Metropolitan area are sent electronically by an agencys electronic claim
filing system or only by fax in hard copy, if required, to:
U.S. Department of Labor, OWCP/DFEC
400 West Bay Street, Room 827
OWCP Central Case Create Unit
Jacksonville, FL 32202
Fax: 904-366-0108
b. If faxed to OWCPs Jacksonville
District Office, a copy must be forwarded to:
HR/ER/WLD
Room H-236, SA-1
Fax: 202-261-8176
c. For fraud and abuse prevention, send domestic
claims to:
OIG/INV
U.S. Department of State
Washington, DC 20522-0602
Fax: 703-284-1955
d. Form CA-0016, Authorization for Examination and/or
Treatment for emergency medical treatment needs within 48 hours or Form CA-0020,
Attending Physicians Report, for non-medical emergencies should be provided to
a medical provider or hospital for completion and submission to OWCP by fax or mail. Consult with agency intranet
website or www.dol.gov for current contact information.
e. Accidents, injuries and occupational illnesses
require Form DS-1663, Report of Mishap. Filing instructions for overseas and
domestic injuries are on the reverse side of the form to ensure Office of
Safety and Health Administration 301 reporting requirement is met.
f. The workers compensation Human Resources (HR)
coordinator located in each bureaus executive office and the administrative or
HR officer at post are responsible for reviewing the forms for technical
accuracy to ensure they are properly completed and that the agency address is
completed with the correct bureau/agency code on the Supervisors Report (claim
form).
NOTE: In addition to Form CA-0001,
Federal Employee's Notice of Traumatic
Injury and Claim for Continuation of Pay/Compensation, accident reporting and
investigations must be performed in accordance with 15 FAM 964.4,
paragraph d. All occupational injuries or illnesses must also be reported on
Form DS-1663, Report of Mishap, to the Safety Office, A/OPR/SHEM, Room 1042,
SA-1.
3 FAH-1 H-3637 miscellaneous
procedural matters
3 FAM 3637.1 Liability Claims Against the U.S.
Government
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
An employee of the U.S. government who suffers a
work-connected disability has no right of action against the U.S. government
for the effects of injury other than the benefits the employee may receive
under the provisions of 5 U.S.C. 8101 5 U.S.C. 8150. It is the employees
sole recourse for compensation. This does not, however, prevent the employee
from electing to receive a disability annuity, if eligible, under the Civil
Service or Foreign Service retirement systems. The employee may also be
eligible for benefits from more than one agency; the employee should contact
the Department of Labors Office of Workers Compensation Programs (OWCP) and
determine whether receipt of benefits from more than one agency is prohibited
by law. The employee should obtain information through the bureau executive
office or post personnel/administrative office as to the extent of benefits.
An employee may receive any benefits allowed from private insurance
concurrently with OWCP benefits.
3 FAH-1 H-3637.2 Injury Caused by
a Third Party
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
If injury is caused to an employee by a third party under
circumstances causing legal liability of such persons for damages, the Department
of Labors Office of Workers Compensation Programs (OWCP) can require the
employee to assign to the U.S. government right of action against such persons
or rights to prosecute the third party. If damages recovered are in excess of
benefits paid by OWCP, the excess is retained by the employee.
3 FAH-1 H-3637.3 Request for
Reconsideration or Appeal
(CT:POH-152; 02-28-2012)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Employees whose claim is initially denied may
request reconsideration, or appeal the final decision of the Department of
Labors Office of Workers Compensation Programs (OWCP). Requests for
reconsideration must be made within 1 year of the date of the contested
decision. New evidence may also be submitted with a request for
reconsideration.
b. A claimant may ask the Department of Labors
Employee Compensation Appeals Board (ECAB) to review a final decision made by
the OWCP. To file an appeal, the claimant should write to:
Employees Compensation Appeals Board
200 Constitution Avenue, Room N-4411
U.S. Department of Labor
Washington, DC 20210
c. No new evidence may be filed with an appeal since
the ECAB review is based solely on the case record before OWCP when the
decision was made.
d. To request any appeal option, the claimant should
read the appeal instructions carefully and specify one of the procedure
options. After completing the Appeal Request Form, the claimant should send it
and the supporting materials to the appropriate mailing address provided on the
form. Each appeal option follows:
Oral Hearing
Review of the Written Record
Reconsideration
ECAB Appeal
3 FAH-1 H-3637.4 Case Status
Inquiries
(CT:POH-162; 06-24-2014)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. Domestically, the workers compensation contact
located in bureau executive office may follow up on behalf of the bureau
employee in regard to inquiries on the status of his or her claim due to a
decentralized OWCP program. Overseas, the administrative or human resources
officers may follow-up with the Department of Labor on behalf of both American
employees and Foreign Service nationals. Each bureau coordinator has access to
the Agency Query System (AQS) and the Employees Compensation Operations and
Management Portal (ECOMP) databases at the Department of Labor to research each
employees case summary status.
b. In the event administrative or human resources
officers are unable to contact the claims examiner assigned at OWCP to a
specific case, they are instructed to work with the bureau workers
compensation coordinator located in the executive office of the geographic
bureau. The six regional bureaus are responsible for follow-up on case
inquires in the event that the post is unable to obtain information from the Department
of Labors Office of Workers Compensation Programs (OWCP).
c. Posts wishing to contact OWCP in writing may do so
by fax. Refer to DOLs website for current OWCP District Offices contact and
fax information or refer to the agency provided contact information and
intranet website guidance.
3 FAH-1 H-3637.5 Bureau Procedures
for Cost Controls and Reconciliation of Chargeback Report
(CT:POH-208; 07-06-2018)
(State Only)
(Applies to Foreign Service and Civil Service and Eligible Locally Employed
Staff (LE Staff))
a. To contain costs of the Department of Labors Office
of Workers Compensation Programs (OWCP), each bureau coordinator or alternate
bureau representative is required to attend quarterly meetings held by the
Bureau of Human Resources (HR) to receive the most current quarterly OWCP
Chargeback Report for their bureaus cases. OWCPs Chargeback Fiscal Year
begins on July 1 and ends June 30. The quarterly Chargeback Period begins on
July 1, October 1, January 1, and April 1. On a regular basis, each bureau
coordinator should access HRs internal database of employee information for
reports and other case management analysis to reduce workers compensation
costs as appropriate.
b. Each bureau coordinator must reconcile the quarterly
bureau Chargeback Report with an internal spreadsheet of claims filed by bureau
staff, ensuring that filed claims are reflected in the report and following up
with the employee to ensure that billed medical expenses are valid and claims
for continuation of pay (COP) and OWCP wage loss are supported by valid medical
documentation.
c. Bureau coordinators must inform timekeepers and
supervisors to record all medically supported COP absences in the first 45
calendar days beginning the date after injury as workers compensation
administrative leave absences paid by the employing agency.
d. Bureau coordinators must inform timekeepers and
supervisors when OWCP approves Form CA-0007, Claim for Compensation on Account of Traumatic Injury or Occupational
Disability, claims for wage loss or a loss in wage earnings so the
employee is placed on LWOP to avoid dual compensation. Employees who choose
paid sick or annual leave for work-related medical absences must be allowed to
apply for Leave Buy Back using Form CA-0007-B, Leave
Buy-Back (LBB) Worksheet/Certification and
Election.
e. Bureau coordinators must work with supervisors to
address personnel issues promptly that may contribute to abuse of the system
and high chargeback costs, and encourage staff to report suspicious incidents
to the Office of Inspector General (OIG), using the OIG Claimant Referral Form
available on the Workers Compensation intranet website, or email the OIG
investigators at oighotline@state.gov.
f. Bureau coordinators, in coordination with
supervisors, must monitor and ensure that employees return to work upon medical
release in a timely fashion and keep a log of when employees stop work, number
of days of missed work, and when the employee either returns to work full-time
(unrestricted duty), or part-time (limited duty). Employees who fail to meet
Department regulations or fail to document sufficiently medical absences with a
comprehensive diagnosis and prognosis are subject to normal disciplinary
action, which may lead to termination of employment.
g. Bureau coordinators must be prepared to account for
lost production days or other goals in compliance with other DOL or
Presidential Initiatives or Executive Orders (EOs) in their central records and
to minimize lost production days for each employee and total lost work time for
the bureaus by facilitating the employees return to work with reasonable
accommodation for written medical work restrictions as necessary.
h. Employees who no longer qualify as fully disabled
must be removed from OWCPs periodic rolls and the OWCP Chargeback Report by
informing the appropriate OWCP District Office. Employees who are placed on
OWCPs compensation rolls for longer than one (1) year or 365 days due to a
qualified disability, no longer have Department reemployment rights and bureaus
should fill their staffing needs, as appropriate, by taking steps to remove the
employee from bureau rolls if there is no medical release or evidence the
employee can return to work or there is no other suitable work for medical work
restrictions. FECA and 5 U.S.C. 8101-8193 requirements must be met to justify
a termination after one year FECA reemployment rights end due to inability to
perform. Form SF-0050, Prompt Notification
of Personnel Action, is required to document OPF.
3 FAH-1 H-3638 and H-3639 Unassigned