More on New FECA Regulations

(This article appeared in the May/June 2012 issue of The American Postal Worker magazine.)

Sue Carney, Director Human Relations Dept.

The March-April 2012 issue of The American Postal Worker addressed significant changes to the administrative policies of the Federal Employees’ Compensation Act (FECA). Other important changes are outlined below.

§10.7 Adds two new forms: CA-3, Report of Work Status, and CA-20a Attending Physician’s Supplemental Report, for the proper recording and reporting of injuries.

§10.18 Requires a beneficiary to report to OWCP any felony conviction or imprisonment that would forfeit their right to compensation during incarceration.

§§10.1, 10.101, 10.102, 10.103, 10.105 Allows notices and claim forms to be submitted electronically by Dec. 31, 2012.

§10.103 Grants authorization for OWCP to create a unique form for schedule awards. If created, only that form may be used to file a claim under Title 5 U.S.C. 8107.

§10.111 Clarifies that postal employees may use annual leave, sick leave or be in a leave without pay status to satisfy the three-day waiting period for continuation of pay or wage-loss compensation.

§10.127 Requires OWCP to mail decisions to the claimant and the claimant’s authorized representative.

§10.300 Makes Form CA-16, Authorization for Examination and/or Treatment, effective from the injury date, not the date the form was signed.

§10.315 Increases the reasonable travel reimbursement distance to 100 miles roundtrip.

§10.320 Permits someone else (e.g. an interpreter) to be present to assist claimants during second opinion medical examinations.

§10.404 Adds “skin” as a schedule member. Total loss is equivalent to 205 compensation weeks.

§10.413 Codifies that a schedule award claim must be filed while the claimant is alive.

§10.417 Reduces dependency reporting requirements for adult children who are incapable of self-support to once a year, and adds an option to make their dependency status permanent.

§10.501 Stipulates that OWCP may require less frequent documentation for employees with serious conditions not likely to improve and for individuals over age 65, but ordinarily not less than once every three years.

§10.511 Describes the only circumstances a loss of wage-earning capacity can be modified, i.e. a material change in the nature and extent of the injury-related condition is established; the claimant has been retrained or vocationally rehabilitated; or the original determination was erroneous.

§10.517 Asserts the termination of compensation applies to prior injuries and the current claim when an employee refuses suitable work.

§§10.525, 10.526 Requires compensationers to report all outside employment, as well as any volunteer activities.

§10.606 Establishes that all reconsideration requests must be signed and dated.

§10.607 Mandates that reconsideration requests must be received by OWCP within one year of the decision date for which the review is sought. Postmarks will no longer be used as evidence of timely filing.

§10.609 Affirms that OWCP will not wait for employing agencies to provide additional documentation or comments beyond the allotted 20 days, when warranted, before proceeding with a merit review of a reconsideration case.

§10.617 Generally limits hearings to one hour.

§10.618 Requires claimants revising their oral hearing request to a review of the written record, to submit all evidence or argument when the change is requested.

§10.622 Has been amended to accommodate alternative hearing forms via video and teleconference.

§10.702 and §10.703(b) Were amended to disallow attorney contingency fees. This is likely to discourage attorneys from representing FECA claimants.

§10.703 Stipulates that representative service fees can only be authorized by OWCP or ECAB and further explains what factors will be considered to determine what is reasonable when fees are disputed.

§10.712 Details the calculations that are used for recovery and refunds regarding third party claims.

§10.801 Describes how medical billing works.

§10.809 Authorizes OWCP to contract for or require the use of specific providers for certain medications.