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Written by Eleanor Laws, Federal Sector Workers’ Compensation provides in-depth yet concise analysis of each element required to establish a claim for compensation. The book includes ECAB case law, regulations, and guidance up though early 2022, including recent regulatory changes, and analyzes and explains OWCP regulations, litigation, and processes, as well as FECA guidance.
Individuals involved in all phases of the federal sector workers’ compensation claims adjudication process rely on this text for reporting and instruction on topics including:
- Overview of Federal Employees’ Compensation Act—including administration of the Act and employees covered
- OWCP Claim Procedures—including how to write effective notices of injury and the steps the agency must take upon notification of injury
- Hearings—including how to secure a hearing before an OWCP claims examiner
- Reconsideration—including how to avoid dismissal of a request for reconsideration
- ECAB Appeals—including procedures and scope of review
- Fact of Injury—including what constitutes an injury, traumatic injury and occupational disease and the statement of injury
- Performance of Duty—including on- and off-premises injuries
- Causal Relationship—including medical evidence, factors of employment, and types of casual relationship
- Emotional Conditions—including compensable employment factors and types of emotional conditions
- Continuation of Pay—including eligibility, traumatic injury requirement, notice of injury, and termination of continuation of pay
- Schedule Awards—including schedule award claims, permanent impairments, medical evidence, and payment of schedule awards
- Vocational Rehabilitation and Reemployment—OWCP procedures, services provided, suitable employment, and failure to comply
- Wage Loss Compensation—including computations of pay rate, average annual earnings, wage earning capacity, and augmented compensation for dependents
- Survivors’ Benefits—including computation of benefits, beneficiaries, and death gratuity
- Medical Benefits—including authorization of medical benefits and types of benefits
- Representatives and Attorney Fees—including procedures for requesting fee approval and criteria for approving fees
- Overpayments—including procedures, fact of overpayment, waiver, and recoupment
- Third Party Liability—including OWCP procedures, referral to DOL, and reimbursement
- Relationship Between FECA and Other Laws—including FECA and the ADA and restoration rights
- The 7th Edition of Federal Sector Workers' Compensation covers the latest guidance from the Office of Workers' Compensation (OWCP) and caselaw from the Employee Compensation Appeals Board (ECAB).
- OWCP's extensive guidance regarding COVID-19 procedures and best practices is discussed and analyzed, incorporating relevant cases from the ECAB.
- Effective August 2020, the Divisions of Federal Employees’ Compensation and Longshore and Harbor Workers’ Compensation merged to create a single Division (DFELHWC). This merger includes change in the leadership structure and branches associated with administering the FECA, as well as the way OWCP assigns cases among its district offices. The reorganization, and its practical implications for employees and employing agencies, are discussed in a comprehensive and user-friendly manner.
Also included are a summary and detailed table of contents, a resources section, forms guide, table of cases, and index.
Also available on a CD-ROM as a .pdf file with many useful features. Hyperlinks allow the reader to move quickly between the Table of Contents and Index entries and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text, and web links of major cases take users to full text versions available online.