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INJURY COMPENSATION
Section 1. The Employer agrees to comply
with the provisions of the Federal Employees Compensation Act (FECA) and other
pertinent regulations promulgated by the Office of Worker's Compensation
Programs (OWCP) when an employee suffers an occupational disease or traumatic
injury in the performance of his/her assigned duties.
Section 2. The Union at the national level will designate one (1) OWCP
Claims Representative who will be granted at least twenty-four (24) hours of
official time each year to attend OWCP classes sponsored by the Department of
Labor.
Section 3. The Employer shall maintain an inventory of Federal
Employees� Compensation Act (FECA) claim forms at all air traffic facilities.
Copies of current OWCP regulations, directives and guides, if available, shall
be made accessible to employees.
Section 4. The Parties agree to maintain a liaison at the national
level to deal with OWCP matters.
Section 5. If the employee incurs medical expense 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 Employer
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 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.
Section 6. If, due to an administrative delay by the Employer in
submitting an employee's CA-1 form to the OWCP District Office, a case has not
been adjudicated within forty-five (45) calendar days of date of injury (DOI),
the employee will be placed on administrative leave for a period commensurate
with the administrative delay in submitting the form.
Section 7. The employee is entitled to select the physician or medical
facility of his/her choice which is to provide treatment following an
on-the-job injury or occupational disease. The Employer 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
employees choice. The Employer may examine the employee at its own facility in
accordance with OPM regulations, but the employees choice of physician for
treatment shall be honored, and treatment by the employees physician shall not
be delayed. The employee will not be required to submit to an examination by
the Employer until after treatment by the employee�s choice of physician or
medical facility.
Section 8. Injured employees are entitled to civil service retention
rights in accordance with 5 USC 8151.
Section 9. The Employer may only controvert claims for Continuation of
Pay (COP) in accordance with 20 CFR 10.203. When requested, copies of the
completed Form CA-1 showing controversion and all accompanying detailed
information the Employer submits in support of the controversion shall be
provided to the employee.
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