INJURY COMPENSATION

The Agency agrees to comply with the provisions of the Federal Employees Compensation Act (FECA) and other pertinent regulations promulgated by the Office of Workers’ Compensation Programs (OWCP) when an employee suffers an occupational disease or traumatic injury in the performance of his/her assigned duties.

Once annually, the Agency shall brief all employees on existing requirements and proper procedures for reporting such injuries on Agency forms, such as FAA Form 8500-8.

The Union at the national level will designate one (1) OWCP Claims Representative who, absent an emergency or other special circumstance, will be granted twenty-four (24) hours of official time each year to attend an OWCP class sponsored by the Department of Labor (DOL). Participation in OWCP classes is for the purpose of maintaining a current working knowledge of OWCP regulations and requirements. The Union's OWCP Claims Representative shall be afforded a bank of one hundred four (104) hours of official time per year, not to exceed eight (8) hours per pay period, to perform OWCP representational functions. Absent an emergency or other special circumstance, the grant of this time shall be approved upon request.

The Agency shall maintain an inventory of FECA claim forms at all air traffic facilities. Current OWCP regulations, directives, and guides, if available, shall be made accessible to employees. The Agency shall assist employees in completing all forms necessary to ensure proper and prompt adjudication of their claim.

If the employee incurs medical expense(s) or loses time from work beyond the date of injury, including time lost obtaining examination and/or treatment from the employing Agency medical facility, the Agency shall submit Form CA-1 to the OWCP District Office as soon as possible, but no later than ten (10) working days from the date of the receipt of the CA-1 from the employee. In the case of occupational disease, the completed Form CA-2 shall be submitted to the OWCP District Office within ten (10) working days from the date of receipt from the employee. CA-1 and CA-2 forms shall not be held for receipt of supporting documentation.

If, through no fault of the employee, the Agency has failed to submit the CA-1 form in a timely manner which has resulted in lost leave and/or wages for the employee, the Agency shall restore the lost leave and/or wages if the following conditions are met:

a. The Agency has failed to submit the completed CA-1 form to the OWCP District Office within ten (10) working days as defined by 20 CFR 10.110; and

b. The employee has lost leave and/or wages as a result of the Agency's delay.

This Section does not apply to an employee whose OWCP claim has been denied by the Department of Labor.

The employee is entitled to select the physician or medical facility of his/her choice to provide treatment following an on-the-job injury or occupational disease. The Agency may make its own facilities available for examination and treatment of injured employees; however, use of its facilities shall not be mandated to the exclusion of the employee's choice. The Agency may examine the employee at its own facility in accordance with 20 CFR 10.324, but the employee's choice of physician for treatment shall be honored and treatment by the employee's physician shall not be delayed. The employee will not be required to submit to an examination by the Agency until after treatment by the employee's choice of physician or medical facility.

Injured employees are entitled to civil service retention rights in accordance with 5 USC 8151.

The Agency may only controvert claims for Continuation of Pay (COP) in accordance with 20 CFR 10.220. When requested, copies of the completed Form CA-1 showing controversion and all accompanying detailed information the Agency submits in support of the controversion shall be provided to the employee.

Upon request of the employee, the Agency agrees to hold in abeyance any administrative action for employees who have filed a request for reconsideration, hearing, or appeal to the Employees’ Compensation Appeals Board (ECAB) or have otherwise initiated a challenge to a denied claim decision by DOL in regard to his/her OWCP claim until an initial determination has been made by the ECAB. The requesting employee will have thirty (30) days from the date of each negative decision by DOL to submit evidence of a request for reconsideration, hearing, or appeal to the ECAB, to the Agency at the appropriate level, for the administrative action to be held in abeyance.