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W orkers’ C ompensation P rogram. Module 18 N ational G uard T echnician P ersonnel M anagement C ourse. WORKERS’ COMPENSATION . Covered under the… -Federal Employees’ Compensation Act (FECA) Administered by the… -Department of Labor (DOL)
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Workers’ Compensation Program Module 18 National Guard Technician Personnel Management Course
WORKERS’ COMPENSATION Covered under the… -Federal Employees’ Compensation Act (FECA) Administered by the… -Department of Labor (DOL) -Office of Workers’ Compensation Programs (OWCP)
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
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
…continuedPROVISION 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
FECA DOES NOT COVER • State employees • Military Status personnel • Injuries incurred during drill
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
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
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
REQUIRED REPORTS/DOCUMENTATION For Traumatic Injury Cases: • CA 1 Report of Injury • CA 16 Authorization for Treatment • HCFA 1500 Claim for Reimbursement • CA 7 Claim for Compensation • CA-7a Time Analysis Form • CA -7b Leave Buy Back Worksheet/ Certification & Election • CA 17 Duty Status Report
ALL CA-1s MUST BE FILED ONLINE • OWCP will no longer accept hardcopy (manual) CA-1 forms • Electronic Data Interchange “EDI Website” https://isdmid1.cpms.osd.mil/web_html/static_java_edi_sup.html
REQUIRED REPORTS/DOCUMENTATION For Traumatic Injury Cases (continued): • CA 20- Attending Physician’s Report • CA 2a- Notice of Recurrence • CA 3- Termination of Disability
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
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
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
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
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
RESPONSIBILITIES Employees: • Observe health and safety regulations • Report potential and actual health, safety and fire hazards • Report all injuries to supervisor
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
OWCP BENEFITS • Medical expenses (fee schedule) • First aid expenses • Rehabilitation • Travel expenses to care provider • Chiropractic care (limited) • Early nurse intervention • Assisted Reemployment Program
OWCP BENEFITS • Continuation of Pay (COP) • Compensation for lost wages • Scheduled benefits • Permanent total disability • Death benefits
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
SUPERVISOR’S OWCP GOALS • To minimize workplace hazards • To minimize worker injuries & disease • To minimize agency costs