W orkers’ C ompensation P rogram Module 18 N ational G uard T echnician P ersonnel M anagement C ourse

2 WORKERS’ COMPENSATION Covered under the… -Federal Employees’ Compensation Act (FECA) Administered by the… -Department of Labor (DOL) -Office of Workers’ Compensation Programs (OWCP)

3 FECA Provides compensation benefits to civilian employees of the U.S. federal government for disability due to traumatic injury or disease or illness in performance of duties Provides payment of benefits to dependents for work-related death of an employee as a result of traumatic injury or occupational disease/illness Note: FECA provides exclusive remedy for work-related injury, disease, or death

4 PROVISIONS FOR COVERAGE Persons must have been a Technician employee at time of injury Notice of injury/disease must be filed within statutory time (3 yrs from date of incident or exposure or date awareness of work relationship) Must be able to identify the factors which caused the injury/disability

5 …continued PROVISION FOR COVERAGE Must have been in performance of official duties at time of incident Must prove federal employment cause – based on medical evidence from a physician who performed examination or provided treatment

6 FECA DOES NOT COVER State employees Military Status personnel Injuries incurred during drill

7 TRAUMATIC INJURY A traumatic injury is… a wound or other condition of the body caused by external force, including stress or strain AND the injury must be identifiable by time and place of occurrence, and the member or function of body affected; and be caused by a specific event or incident within a single day or work shift

8 OCCUPATIONAL DISEASE/ILLNESS A condition produced by… systemic infections continued or repeated stress or strain Exposure to toxins, poisons, fumes, etc other exposure to conditions of the work environment for two or more work shifts

9 A CLEAR DIFFERENCE? Usually, but not always Back pain or strain could be either Injury – Sudden pain or strain from activities not a part of normal job Disease/illness – Gradual back pain and strain from normal job duties

10 REQUIRED REPORTS/DOCUMENTATION For Traumatic Injury Cases: CA 1Report of Injury CA 16Authorization for Treatment HCFA 1500 Claim for Reimbursement CA 7 Claim for Compensation CA-7aTime Analysis Form CA -7bLeave Buy Back Worksheet/ Certification & Election CA 17 Duty Status Report

11 ALL CA-1s MUST BE FILED ONLINE OWCP will no longer accept hardcopy (manual) CA-1 forms Electronic Data Interchange “EDI Website”

12 REQUIRED REPORTS/DOCUMENTATION For Traumatic Injury Cases (continued): CA 20- Attending Physician’s Report CA 2a- Notice of Recurrence CA 3- Termination of Disability

13 REQUIRED REPORTS/DOCUMENTATION For Occupational Disease/Illness… CA 2 - Notice of Occupational Disease CA 2a – Notice of Recurrence CA 35 – Series Specialized Occupational Disease Checklists

14 H ANDOUT

15 V ideo

16 RESPONSIBILITIES The Department of Labor (DOL)… Administers the program for all federal agencies Accepts or denies claim Adjudicates all claims Provides for payment of claims

17 RESPONSIBILITIES National Guard HROs: Assists in submission of claims Acts as the liaison between employee, supervisor and the DOL Informs employees and supervisors of program benefits and requirements

18 RESPONSIBILITIES Supervisors: Provide a safe work environment Enforce safety regulations Ensure employees are aware of health and safety requirements Encourage reporting of incidents Publicize the OWCP and employees’ responsibilities

19 RESPONSIBILITIES Supervisors: (continued) File CA-1 online Ensure accurate, complete, prompt submission of claims (to OWCP within 14 days of incident) Investigate incidents; obtain statements; controvert questionable claims Coordinate return to work with doctor Coordinate personnel actions with HRO

20 RESPONSIBILITIES Employees: Observe health and safety regulations Report potential and actual health, safety and fire hazards Report all injuries to supervisor

21 RESPONSIBILITIES Employees: (continued) Obtain medical status reports from physician(s) Provide medical reports and bills to supervisor and/or HRO Cooperate with light duty placement

22 OWCP BENEFITS Medical expenses (fee schedule) First aid expenses Rehabilitation Travel expenses to care provider Chiropractic care (limited) Early nurse intervention Assisted Reemployment Program

23 OWCP BENEFITS Continuation of Pay (COP) Compensation for lost wages Scheduled benefits Permanent total disability Death benefits

24 H ANDOUT

25 LIGHT DUTY Responsibility of… the supervisor to try to accommodate the return of an employee on light duty the HRO to officially reassign an employee to another position if necessary the employee to cooperate

26 H ANDOUT

27 I ndividual E xercises

28 SUPERVISOR’S OWCP GOALS To minimize workplace hazards To minimize worker injuries & disease To minimize agency costs

29 Q uestions