A comprehensive analysis of the relevant statues, regulations, FECA Procedure Manual, and interpretive case law, Federal Sector Workers’ Compensation will assist everyone from the novice to the experienced practitioner.
The book includes ECAB case law, regulations, and guidance up to early 2007. Copies of the required OWCP forms, along with a handy user’s guide will assist the reader in determining which form is appropriate for each type of injury. The author devotes one full chapter to each of the following topics: the nature and type of medical evidence required to establish each element of a claim; the Energy Employees Occupational Illness Compensation Program; and vocational rehabilitation.
All aspects of a compensation claim, from internal agency handling of a claim through the OWCP process, including hearings, requests for reconsideration, and the appeals process to the ECAB, are also addressed in this book. The legal standards and time frames for each step of the process are set forth in a manner that is easy to understand. This guide provides in-depth yet concise analysis of each element required to establish a claim for compensation. Other topics include, but are not limited to: emotional conditions, continuation of pay, disability and death benefits, augmented compensation for dependents, schedule awards, medical treatment and personal care attendants.
The author provides practical instruction on how to write effective notices of injury and the steps the agency must take upon notification of injury, including when it is proper to controvert a claim. The various steps of the OWCP process are clearly mapped out. The reader will learn how to avoid dismissal of a request for reconsideration and how to guarantee the right to a hearing before an OWCP claims examiner. It also addresses a broad and comprehensive range of topics, such as whether injuries that occur in parking lots or on the way to work are compensable, how to determine duty status while employees are on work-related travel, and what effect employee intoxication has on entitlement to benefits. Injuries during breaks and social events, as well as third-party liability, attorney’s fees and overpayments of compensation are also explained. Agencies will find particularly useful the section on how to structure a position to meet with a claimant’s work restrictions so that they can make a “suitable offer of employment” consistent with OWCB/ECAB standards.
If you are an agency compensation specialist or other human resources professional, a union representative, or an attorney who handles OWCP cases, you will want this revised guide on your bookshelf.
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